§ 25.31. Effect of CRA performance on applications.
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/us/cfr/t12/s§ 25.31·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)CRA performance. Among other factors, the appropriate Federal banking agency takes into account the record of performance under the CRA of each applicant bank or savings association, and for applications under 10(e) of the Home Owners' Loan Act (12 U.S.C. 1467a(e)), of each proposed subsidiary savings association, in considering an application for:
(1)The establishment of:
(i)A domestic branch for insured banks; or
(ii)A domestic branch or other facility that would be authorized to take deposits for savings associations;
(2)The relocation of the main office or a branch;
(3)The merger or consolidation with or the acquisition of assets or assumption of liabilities of an insured depository institution requiring approval under the Bank Merger Act (12 U.S.C. 1828(c));
(4)The conversion of an insured depository institution to a national bank or Federal savings association charter; and
(5)Acquisitions subject to section 10(e) of the Home Owners' Loan Act (12 U.S.C. 1467a(e)).
(b)Charter application.
(1)An applicant (other than an insured depository institution) for a national bank charter must submit with its application a description of how it will meet its CRA objectives. The OCC takes the description into account in considering the application and may deny or condition approval on that basis.
(2)An applicant for a Federal savings association charter must submit with its application a description of how it will meet its CRA objectives. The appropriate Federal banking agency takes the description into account in considering the application and may deny or condition approval on that basis.
(c)Interested parties. The appropriate Federal banking agency takes into account any views expressed by interested parties that are submitted in accordance with the applicable comment procedures in considering CRA performance in an application listed in paragraphs
(a)and
(b)of this section.
(d)Denial or conditional approval of application. A bank's or savings association's record of performance may be the basis for denying or conditioning approval of an application listed in paragraph
(a)of this section.
(e)Insured depository institution. For purposes of this section, the term “insured depository institution” has the meaning given to that term in 12 U.S.C. 1813.
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