§ 28-b. Credit needs of local communities. 1. Each banking institution\nas defined in subdivision four of this section to which the Community\nReinvestment Act of 1977, United States P.L. 95-128, applies shall file\nwith the superintendent a copy of each report and document which it is\nrequired to prepare for or file with one or more federal agencies\npursuant to the provisions of that law and the rules and regulations\npromulgated thereunder. Where a banking institution has filed such\nreports or documents with the superintendent, an update of the reports\nor documents shall be required at such time as the banking institution\nrequests the superintendent to take any action on any application to\nwhich the provisions of subdivision three of this section apply.\n 3. (a) When taking any action on an application or notice made by a\nbanking institution under (i) section one hundred five, two hundred\ntwenty-four, two hundred forty, or three hundred ninety-six of this\nchapter for a branch office, (ii) section one hundred ninety-one of this\nchapter for a public accommodation office, (iii) section six hundred\none-b of this chapter for approval of a merger or purchase of assets, or\n(iv) under section one hundred five-a, two hundred forty-a or three\nhundred ninety-six-a of this chapter for the use or installation of an\nautomated teller machine, point-of-sale terminal or similar electronic\nfacility or on any other application or notice to which the\nsuperintendent of financial services shall by rule or regulation make\napplicable the provisions of this section, the superintendent shall take\ninto account, among other factors, an assessment, in writing, of the\nrecord of performance of the banking institution in helping to meet the\ncredit needs of its entire community, including low and moderate-income\nneighborhoods and minority- and women-owned businesses, consistent with\nsafe and sound operation of the banking institution. Such assessment and\nany written communications from the department of financial services to\na banking institution relating to such assessment shall be made\navailable to the public upon request, provided that nothing contained in\nthis subdivision shall be deemed to alter, amend or affect the\nprovisions of subdivision ten of section thirty-six of this chapter. In\nmaking such assessment the superintendent shall review all reports and\ndocuments filed with him or her pursuant to subdivision one of this\nsection and any signed, written comments received by the superintendent\nwhich specifically relate to the banking institution's performance in\nhelping to meet the credit needs of its community. In addition, the\nsuperintendent shall consider the following factors in assessing a\nbanking institution's record of performance, and include in its written\nassessment required by this section the record of performance of such\nbanking institution as to each of the following factors:\n (1) Activities conducted by the banking institution to ascertain\ncredit needs of its community, including the extent of the banking\ninstitution's efforts to communicate with members of its community\nregarding the credit services being provided by the banking institution;\n (2) The extent of the banking institution's marketing and special\ncredit-related programs to make members of the community aware of the\ncredit services offered by the banking institution;\n (3) The extent of participation by the banking institution's board of\ndirectors or board of trustees in formulating the banking institution's\npolicies and reviewing its performance with respect to the purposes of\nthe Community Reinvestment Act of 1977;\n (4) Any practices intended to discourage application for types of\ncredit set forth in the banking institution's Community Reinvestment Act\nStatement(s);\n (5) The geographic distribution of the banking institution's credit\nextensions, credit applications and credit denials;\n (6) Evidence of prohibited disc
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