FDIC, FRB and OCC Issue Joint Final Revisions to Interagency Q&As Regarding Community Reinvestment

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The OCC, FDIC, and FRB jointly issued final updates to the Interagency Questions and Answers Regarding Community Reinvestment.  The final changes (the “Final Q&As”) focus primarily on issues concerning community development and revise five questions and answers that address: (1) community development activities outside institutions’ respective assessment areas; (2) additional ways to determine whether recipients of community services are low- or moderate-income; and (3) providing a community development service by, for example, serving on the board of directors of a community development organization.  For example, the Final Q&As clarify that community development activities in an institution’s broader statewide or regional area or an investment in a nationwide community development fund that includes the applicable institution’s assessment area will be considered in the evaluation of an institution’s Community Reinvestment Act (“CRA”) performance.  The Final Q&As also add two new questions and answers.  The first new question and answer relates to consideration of community development performance in determining a large financial institution’s lending test rating.  The second new question and answer concerns the quantitative consideration given to loans or investments to organizations that, in turn, invest those funds and use only a portion of the income from their investment to support a community development purpose.  The Final Q&As became effective November 20, 2013.

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this informational piece (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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