563e.23—Investment test.
(a) Scope of test.
The investment test evaluates a savings association's record of helping to meet the credit needs of its assessment area(s) through qualified investments that benefit its assessment area(s) or a broader statewide or regional area that includes the savings association's assessment area(s).
(b) Exclusion.
Activities considered under the lending or service tests may not be considered under the investment test.
(c) Affiliate investment.
At a savings association's option, the OTS will consider, in its assessment of a savings association's investment performance, a qualified investment made by an affiliate of the savings association, if the qualified investment is not claimed by any other institution.
(d) Disposition of branch premises.
Donating, selling on favorable terms, or making available on a rent-free basis a branch of the savings association that is located in a predominantly minority neighborhood to a minority depository institution or women's depository institution (as these terms are defined in 12 U.S.C. 2907(b)) will be considered as a qualified investment.
(e) Performance criteria.
The OTS evaluates the investment performance of a savings association pursuant to the following criteria:
(f) Investment performance rating.
The OTS rates a savings association's investment performance as provided in Appendix A of this part.