Sec.36a-34-2. Submissions concerning community reinvestment act compliance, consumer protection law compliance and community reinvestment plan required in connection with applications for the establishment of branches, mergers or consolidations, the organization of holding companies and interstate banking approvals

(a) In connection with any application for an approval pursuant to section 36a-125, subsections (b), (c) and (d) of section 36a-145, section 36a-181, section 36a-411 or subdivisions (1) and (2) of subsection (a) of section 36a-412 of the Connecticut General Statutes, the applicant or applicants shall submit to the commissioner to the extent applicable, except as waived by the commissioner, the following information with respect to each entity:

(1) A copy of the entity’s most recent Federal CRA performance evaluation, including the composite Federal CRA rating;

(2) Copies of any decision or order issued during the last two years by any federal financial supervisory agency concerning the entity’s compliance with Federal CRA;

(3) An opinion of counsel addressing the entity’s record of compliance with applicable consumer protection laws during the last two years, if requested by the commissioner in any case where the commissioner is unable to determine such record of compliance based on state or federal reports of examination prepared within the last two years and other documentation filed by the applicant or applicants, or is not satisfied with the contents of such reports and documentation; and

(4) Copies of any administrative or judicial decision or order concerning the entity’s compliance with applicable consumer protection laws.

(b) (1) (A) Except as otherwise provided in subparagraph (B) of this subdivision, if the entity, and in the case of an approval pursuant to section 36a-411 of the Connecticut General Statutes, the bank or any subsidiary bank of the Connecticut holding company, received any overall rating other than an assigned rating of "outstanding" on its most recent applicable community reinvestment performance evaluation, the applicant or applicants shall submit to the commissioner a written plan detailing the manner in which the resulting entity will provide adequate services to meet the banking needs of all community residents, including low-income residents and moderate-income residents, to the extent permitted by its charter.

(B) In any case where the resulting entity is not subject to the requirements of Federal CRA and State CRA, and the commissioner determines that such resulting entity is not authorized by its charter to provide consumer banking services, or in any case where the commissioner deems the provisions of this subsection to be inapplicable to the establishment of a limited branch pursuant to subsection (c) of section 36a-145 of the Connecticut General Statutes, the commissioner may waive the submission of a plan under this subsection. The submission of a plan shall not be required under subsection (d) of section 36a-145 of the Connecticut General Statutes, provided the commissioner may require the filing of such information in lieu of a plan as the commissioner deems appropriate.

(2) Unless clearly inapplicable, the plan shall: (A) Identify any specific unmet credit and consumer banking needs in the local community that are known to the resulting entity or the applicant or applicants, and specify how such needs will be satisfied; (B) describe the proposed distribution of banking services among branches and satellite devices located in low-income neighborhoods; (C) contain assurances that banking services will be offered on a nondiscriminatory basis; (D) demonstrate a commitment to extending credit for housing, small business and consumer purposes in low-income neighborhoods; and (E) contain any other factors required by the commissioner.

(3) The plan may consist of or incorporate any document or combination of documents that satisfy the criteria set forth in subdivision (2) of this subsection, including, but not limited to: (A) (i) The resulting entity’s most recent State CRA performance evaluation or Federal CRA performance evaluation, or both, if prepared within the last two years and the resulting entity received a composite rating of "satisfactory" or higher, (ii) the resulting entity’s current or proposed community reinvestment statement or policy, and (iii) written assurances of the governing board or management committee or executive officers appropriately designated by the governing board, of each applicant or the resulting entity, as applicable, that the resulting entity will continue to provide adequate services to meet the banking needs of all community residents, including low-income residents and moderate-income residents, as described in the performance evaluation or evaluations and the community reinvestment statement or policy; or (B) if acceptable to the commissioner, the resulting entity’s currently effective strategic plan, or the relevant portion thereof, prepared and approved under applicable provisions of Federal CRA and State CRA. The plan shall adequately identify the provisions contained in any such document or combination of documents that correspond to the criteria set forth in subdivision (2) of this subsection.

(4) The plan shall be certified by the secretary of each applicant as having been duly adopted by the governing board or management committee or executive officers appropriately designated by the governing board, of each applicant by vote of at least a majority of all the members thereof, provided, in the case of an application for an approval pursuant to section 36a-125 of the Connecticut General Statutes, unless otherwise required by the commissioner, the plan shall be certified by the secretaries of the constituent banks as having been duly adopted by the vote of at least a majority of the governing board or management committee or executive officers appropriately designated by the governing board, of each constituent final bank and of all the organizers of each constituent temporary bank.

(c) In connection with any plan submitted or to be submitted under subsection (b) of this section, the applicant or applicants shall file with the commissioner a preliminary draft of the legal advertisement required by subsection (b) of section 36a-34 of the Connecticut General Statutes. The applicant or applicants shall not publish such legal advertisement in accordance with subsection (b) of section 36a-34 without the prior review and verbal concurrence of the commissioner. No such legal advertisement shall be published unless the plan to which it pertains has been filed with the commissioner.

(Adopted effective January 29, 1999)