12 C.F.R. § 563e.21 Performance tests, standards, and ratings, in general.
Title 12 - Banks and Banking
(a) Performance tests and standards. The OTS assesses the CRA performance of a savings association in an examination as follows: (1) Lending, investment, and service tests. The OTS applies the lending, investment, and service tests, as provided in §§563e.22 through 563e.24, in evaluating the performance of a savings association, except as provided in paragraphs (a)(2), (a)(3), and (a)(4) of this section, and to the extent consistent with §563e.28(d). (2) Community development test for wholesale or limited purpose savings associations. The OTS applies the community development test for a wholesale or limited purpose savings association, as provided in §563e.25, except as provided in paragraph (a)(4) of this section. (3) Small savings association performance standards. The OTS applies the small savings association performance standards as provided in §563e.26 in evaluating the performance of a small savings association or a savings association that was a small savings association during the prior calendar year, unless the savings association elects to be assessed as provided in paragraphs (a)(1), (a)(2), or (a)(4) of this section. The savings association may elect to be assessed as provided in paragraph (a)(1) of this section only if it collects and reports the data required for other savings associations under §563e.42. (4) Strategic plan. The OTS evaluates the performance of a savings association under a strategic plan if the savings association submits, and the OTS approves, a strategic plan as provided in §563e.27. (b) Performance context. The OTS applies the tests and standards in paragraph (a) of this section and also considers whether to approve a proposed strategic plan in the context of: (1) Demographic data on median income levels, distribution of household income, nature of housing stock, housing costs, and other relevant data pertaining to a savings association's assessment area(s); (2) Any information about lending, investment, and service opportunities in the savings association's assessment area(s) maintained by the savings association or obtained from community organizations, state, local, and tribal governments, economic development agencies, or other sources; (3) The savings association's product offerings and business strategy as determined from data provided by the savings association; (4) Institutional capacity and constraints, including the size and financial condition of the savings association, the economic climate (national, regional, and local), safety and soundness limitations, and any other factors that significantly affect the savings association's ability to provide lending, investments, or services in its assessment area(s); (5) The savings association's past performance and the performance of similarly situated lenders; (6) The savings association's public file, as described in §563e.43, and any written comments about the savings association's CRA performance submitted to the savings association or the OTS; and (7) Any other information deemed relevant by the OTS. (c) Assigned ratings. The OTS assigns to a savings association one of the following four ratings pursuant to §563e.28 and Appendix A of this part: “outstanding”; “satisfactory”; “needs to improve”; or “substantial noncompliance,” as provided in 12 U.S.C. 2906(b)(2). The rating assigned by the OTS reflects the savings association's record of helping to meet the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of the savings association. (d) Safe and sound operations. This part and the CRA do not require a savings association to make loans or investments or to provide services that are inconsistent with safe and sound operations. To the contrary, the OTS anticipates savings associations can meet the standards of this part with safe and sound loans, investments, and services on which the savings associations expect to make a profit. Savings associations are permitted and encouraged to develop and apply flexible underwriting standards for loans that benefit low- or moderate-income geographies or individuals, only if consistent with safe and sound operations. [60 FR 22213, May 4, 1995, as amended at 70 FR 10030, Mar. 2, 2005]
Title 12: Banks and Banking
PART 563e—COMMUNITY REINVESTMENT
Subpart B—Standards for Assessing Performance
§ 563e.21 Performance tests, standards, and ratings, in general.
