Regulation H requires state member banks (SMBs) engaging in permissible community development and public welfare investments provide notice of such investments to the Federal Reserve Bank in their District. The statutory provision authorizes SMBs to make investments designed primarily to promote the public welfare to the extent permissible under state law and subject to regulation by the Board. Regulation H permits SMBs to make certain public welfare investments without prior approval so long as the aggregate of such investments does not exceed 5 percent of the capital stock and surplus of the SMB, the bank is well capitalized and well managed, and the investment does not expose the SMB to liability beyond the amount of the investment.
Purpose: The FR H-6 is designed to facilitate notice to Federal Reserve Banks of a SMB's engagement in such an investment, which notice is required to be provided within thirty days of the investment. The regulation states that the notification must report the amount of the investment and identity of the entity in which the investment was made. In addition to providing this information, banks typically describe the mission and service area of the entity in which the investment was made and how the investment meets the definition of public welfare and community development. Even though this information is not required by Regulation H, Reserve Bank staff typically contact the investing bank to obtain such information to evaluate the permissibility of the investment.
Section 208.22 of Regulation H addresses the permissibility of SMBs to engage in certain community development and public welfare investments to fund affordable housing, small businesses, services, and other qualified activities in low- and moderate-income areas and to support low- and moderate-income persons.
State member banks. The notice requirements are mandatory.