Content and Availability of Public File

(1) Information Available to the Public. An institution shall maintain a public file that includes the following information: (a) all written comments received from the public for the current year and each of the prior two calendar years that specifically relate to the institution's performance in helping to meet community credit needs, and any response to the comments by the institution, if neither the comments nor the responses contain statements that reflect adversely on the good name or reputation of any persons other than the institution or publication of which would violate specific provisions of law; (b) a copy of the public section of the institution's most recent CRA Performance Evaluation prepared by the Commissioner. The institution shall place this copy in the public file within 30 business days after its receipt from the Commissioner; (c) a list of the institution's branches, their street addresses, and geographies; (d) a list of branches opened or closed by the institution during the current year and each of the prior two calendar years, their street addresses, and geographies; (e) a list of services (including hours of operation, available loan and deposit products, and transaction fees) generally offered at the institution's branches and descriptions of material differences in the availability or cost of services at particular branches, if any. At its option, an institution may include information regarding the availability of alternative systems for delivering retail banking services (e.g., ATMs, ATMs not owned or operated by or exclusively for the institution, banking by telephone or computer, loan production offices, and bank-at-work or bank-by-mail programs); (f) a map of each assessment area showing the boundaries of the area and identifying the geographies contained within the area, either on the map or in a separate list, provided however, a map of the assessment area does not need to be maintained if the institution is a credit union whose membership by-law provisions do not correspond to a defined geographic area; and (g) any other information the institution chooses. (2) Additional Information Available to the Public. (a) Institutions other than Small Institutions. An institution, except a small institution or an institution that was a small institution during the prior calendar year, shall include in its public file the following information pertaining to the institution and its affiliates, if applicable, for each of the prior two calendar years: 1. if the institution has elected to have one or more categories of its consumer loans considered under the lending test, for each of these categories, the number and amount of loans: a. to low-, moderate-, middle-, and upper-income individuals; b. located in low-, moderate-, middle-, and upper-income census tracts; and c. located inside the institution's assessment area(s) and outside the institution's assessment area(s); and 2. the institution's CRA Disclosure Statement. The institution shall place the statement in the public file within three business days of its receipt from the Commissioner. (b) Institutions Required to Report Home Mortgage Disclosure Act (HMDA) Data. An institution required to report home mortgage loan data pursuant to the implementing regulations for the Home Mortgage Disclosure Act regulations (12 CFR 203) shall include in its public file a copy of the HMDA Disclosure Statement provided by the Federal Financial Institutions Examination Council pertaining to the institution for each of the prior two calendar years. In addition, an institution that elected to have the Commissioner consider the mortgage lending of an affiliate for any of these years shall include in its public file the affiliate's HMDA Disclosure Statement for those years. The institution shall place the statement(s) in the public file within three business days after its receipt. (c) Small Institutions. A small institution or an institution that was a small institution during the prior calendar year shall include in its public file: 1. the institution's loan-to-deposit ratio for each quarter of the prior calendar year and, at its option, additional data on its loan-to-deposit ratio; and 2. the information required for other institutions by 209 CMR 46.43(2)(a), if the institution has elected to be evaluated under the lending, investment, and service tests. (d) Institutions with Strategic Plans. An institution that has been approved to be assessed under a strategic plan shall include in its public file a copy of that plan. An institution need not include information submitted to the Commissioner on a confidential basis in conjunction with the plan. (e) Institutions with Less than Satisfactory Ratings. An institution that received a less than satisfactory rating during its most recent examination shall include in its public file a description of its current efforts to improve its performance in helping to meet the credit needs of its entire community. The institution shall update the description quarterly. (3) Location of Public Information. An institution shall make available to the public for inspection upon request and at no cost the information required in this section as follows: (a) at the main office and, if an interstate institution, at one branch office in each state, all information in the public file; and (b) at each branch: 1. a copy of the public section of the institution's most recent CRA Performance Evaluation and a list of services provided by the branch; and 2. within five calendar days of the request, all the information in the public file relating to the assessment area in which the branch is located. (4) Copies. Upon request, an institution shall provide copies, either on paper or in another form acceptable to the person making the request, of the information in its public file. The institution may charge a reasonable fee not to exceed the cost of copying and mailing, if applicable. (5) Updating. Except as otherwise provided in 209 CMR 46.43, an institution shall ensure that the information required by 209 CMR 46.43 is current as of April 1 of each year.