We are a large bank now, but in 2026 we would be intermediate-small. For the public file update, we are not required to include the loan-to-deposit ratio as a large bank; can we still include it since eventually we will have to add it when we become small-intermediate?

Thank You,

.43
Content and availability of public file.

(a) Information available to the public.

A bank must maintain a public file, in either paper or digital format, that includes the following information:

(7) Any other information the bank chooses.

Thank you

Does the FBAA map need to state that it's a "Facility-Based Assessment Area"? Our system has not been updated to state that. It only states Assessment Area.

Thanks,

Also, we are a large bank right now. We have an MSA that consists of many counties but only delineate 2 counties. We have a branch in one county but not in the other county. Can we continue to delineate that county as a FBAA? it is adjacent to the branch and we do serve that county. We do make loans in that county but i can't say it's "substantial".

Thank you.

I think I found it - "consist of a single MSA, one or more contiguous counties within an MSA....".
So we are okay with only delineating 2 counties within the MSA even if we don't have a branch in one county, correct?


Final § __.16(b)(2) provides that, except as provided in paragraph (b)(3), each of a bank’s facility-based assessment areas must consist of a single MSA, one or more contiguous counties within an MSA, or one or more contiguous counties within the nonmetropolitan area of a State.

I'm still trying to understand the FBAA section. the rule section I noted above does say that it includes one or more counties within an MSA but it also states that must include each county where main bank, branch is located.
So does it have to meet both requirements-include all counties with branch within same MSA? or can we include county with no branch that is next to county with branch within the same MSA? Trying to get this right before we remove that county from assessment area.

Thank you

You can include counties in the same MSA as a county with a facility. HAS to include counties with facilities. Can include other counties in the same MSA. Not 100% clear in the text to me, but ABA noted this was their reading, and it would make no sense otherwise. Bank's could risk redlining trouble for excluding neighboring counties with large minority populations depending on where the branch is located.

Edit: After rereading, I think it is pretty clear the above is correct, so long as your lending supports including it.

Final Rule
The agencies are adopting a modified version of proposed § __.16(b)(1). Final § __.16(b)(1) provides that, except as provided in paragraph (b)(3), a bank’s facility-based assessment areas must include each county in which a bank has a main office, a branch, or a deposit-taking remote service facility, as well as the surrounding counties in which the bank has originated a substantial portion of its loans (including home mortgage loans, multifamily loans, small business loans, small farm loans, and automobile loans).

Can someone tell me what portion of the Performance Evaluation is considered to be the public section? Wanting to know in case we don't care to place the whole PE on the website. Thanks

The Public Disclosure that is publicly available from your regulatory agency's website or was attached to the performance evaluation.

The branch is located 3 miles away from neighboring county (large minority population) but we have not originated a substantial portion of loans there. about 2% originated loans last year.
Management did not want to exclude it from our AA. Will it be an issue if we left it?

Thank you

What exactly is to be provided in the Public file for the CRA and HMDA disclosure statement requirement?

Define disclosure statement - you mean the publicly released CRA and HMDA disclosure tables that are released sometime the next year after filing your information?

Our Community Bank is a bit under $500 million in assets.

We are struggling with this new requirement that goes into effect 4/1/24. We have a website. Are they requiring us to have the entire contents of the Bank's public file on our website? Or is the content of the smaller file that is in the branches sufficient to meet this requirement.

I'm not a lender but work with the vendor that hosts our site and am trying to assist our lender with this.

Thank you.
ChicagoGuy

10 days before implementation, the requirements are delayed until 1/1/2026

FIL Delaying FBAAs and Public File on Website

For once, I had gotten everything taken care of early so I could move on to other things. Do you think we need to revert back to previous public notice and remove references to FBAA in our public file or can we just keep it as updated? We are an intermediate small bank with 1 (FB)AA.
Gotta love the government....

I am in the same situation as you Hammer68. Would we be criticized for leaving everything as it was supposed to have been in place as of April 1. Maybe that is why they chose April 1 (April Fool's Day)?

We are in the same position as well. I'm leaning towards leaving as it was revised based on the text of the supplemental rule which uses "MAY continue to use" the legacy notice several times, even though in the middle of those statements they say "must instead comply". Anyone else thinking along the same lines?

I saw that "may" as well. I decided to revert back. For us, it wasn't a big deal because we had the "old" stuff saved and our website had not been updated yet (it was to be done today!). I feel bad for the CRA personnel at bigger banks....

I've always thought April 1 was perfect for this thrown-together updated rule. LOL

Same here!! Thanks for your input.

Thanks for the update!

We too are in the middle of adding the CRA Public File to our website. I am recommending that we follow through with this as it relieves the branches of having to deal with producing the information if asked to.

One question though. I know we can refer the public to the CFPB's website for HMDA disclosures/statements. Can we do the same for the CRA statements? Seems like some banks are already doing this.

My reading is you still need to have the whole thing available upon request, but you don't need anything on the website, so no reason to put it on there. Once anything is required on the website, then you can use the reference. If someone asks for it though, it does look like you have to provide the whole thing unless I'm missing something.