![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 12 - Banks and Banking |
![]() |
Chapter XVIII - Community Development Financial Institutions Fund, Department of the Treasury |
![]() |
Part 1805 - Community Development Financial Institutions Program |
![]() |
Subpart F - Applications for Assistance |
§ 1805.601 - Application contents.
-
An Applicant shall provide information necessary to establish that it is, or will be, a CDFI. Unless otherwise specified in an applicable NOFA, each application must contain the information specified in the application packet including the items specified in this section.
(a)
Award request. An Applicant shall indicate:(1) The dollar amount, form, rates, terms and conditions of financial assistance requested; and
(2) Any technical assistance needs for which it is requesting assistance.
(b)
Previous Awardees. In the case of an Applicant that has previously received assistance under this part, the Applicant shall demonstrate that it:(1) Has substantially met its performance goals and other requirements described in its previous Assistance Agreement(s); and
(2) Will expand its operations into a new Investment Area(s), serve a new Targeted Population(s), offer more products or services, or increase the volume of its activities.
(c)
Time of operation. At the time of submission of an application, an Applicant that has been in operation for:(1) Three years or more shall submit information on its activities (as described in § 1805.201(b)(1) and (2) and paragraphs (d)(2) and (d)(9)(v) of this section) and financial statements (as described in paragraph (d)(4) of this section) for the three most recent fiscal years;
(2) For more than one year, but less than three years, shall submit information on its activities (as described in § 1805.201(b)(1) and (2) and paragraphs (d)(2) and (d)(9)(vi) of this section) and financial statements (as described in paragraph (d)(4) of this section) for each full fiscal year since its inception; or
(3) For less than one year, shall submit information on its activities and financial statements as described in paragraph (d) of this section.
(d)
Comprehensive Business Plan. An Applicant shall submit a five-year Comprehensive Business Plan that addresses the items described in this paragraph (d). The Comprehensive Business Plan shall demonstrate that the Applicant shall have the capacity to operate as a CDFI upon receiving financial assistance from the Fund pursuant to this part.(1)
Executive summary. The executive summary shall include a description of the institution, products and services, markets served or to be served, accomplishments to date and key points of the Applicant's five year strategy, and other pertinent information.(2)
Community development track record. The Applicant shall describe its community development impact over the past three years, or for its period of operation if less than three years. In addition, an Applicant with a prior history of serving Investment Area(s) or Targeted Population(s) shall describe its activities, operations and community benefits created for residents of the Investment Area(s) or Targeted Population(s) for such periods as described in paragraph (c) of this section.(3)
Operational capacity and risk mitigation strategies. An Applicant shall submit information on its policies and procedures for underwriting and approving loans and investments, monitoring its portfolio and internal controls and operations. An Applicant shall also submit a copy of its conflict of interest policies that are consistent with the requirements of § 1805.806.(4)
Financial track record and strength. An Applicant shall submit historic financial statements for such periods as specified in paragraph (c) of this section. An Applicant shall submit:(i) Audited financial statements;
(ii) Financial statements that have been reviewed by a certified public accountant; or
(iii) Financial statements that have been reviewed by the Applicant's Appropriate Federal Banking Agency. Such statements should include balance sheets or statements of financial position, income and expense statements or statements of activities, and cash flow statements. The Applicant
shall also provide information necessary to assess trends in financial and operating performance. (5)
Capacity, skills and experience of the management team. An Applicant shall provide information on the background and capacity of its management team, including key personnel and governing board members. The Applicant shall also provide information on any training or technical assistance needed to enhance the capacity of the organization to successfully carry out its Comprehensive Business Plan.(6)
Market analysis. An Applicant shall provide an analysis of its Target Market, including a description of the Target Market, and the extent of economic distress, an analysis of the needs of the Target Market for Financial Products, Financial Services and Development Services, and an analysis of the extent of demand within such Target Market for the Applicant's products and services. The Applicant also shall provide an assessment of any factors or trends that may affect the Applicant's ability to deliver its products and services within its Target Market.(7)
Program design and implementation plan. An Applicant shall:(i) Describe the products and services it proposes to provide and analyze the competitiveness of such products and services in the Target Market;
(ii) Describe its strategy for delivering its products and services to its Target Market;
(iii) Describe how its proposed activities are consistent with existing economic, community and housing development plans adopted for an Investment Area(s) or Targeted Population(s);
(iv) Describe its plan to coordinate use of assistance from the Fund with existing government assistance programs and private sector resources;
(v) Describe how it will coordinate with community organizations, financial institutions, and Community Partners (if applicable) which will provide Equity Investments, loans, secondary markets, or other services in the Target Market; and
(vi) Discuss the extent of community support (if any) within the Target Market for its activities.
(8)
Financial projections and resources. An Applicant shall provide :(i)
Financial projections. (A) Projections for each of the next five years which include pro forma balance sheets or statements of financial position, income and expense statements or statements of activities, and a description of any assumptions that underlie its projections; and(B) Information to demonstrate that it has a plan for achieving or maintaining sustainability within the five-year period;
(ii)
Matching funds. (A) A detailed description of its plans for raising matching funds, including funds previously obtained or legally committed to match the amount of financial assistance requested from the Fund; and(B) An indication of the extent to which such matching funds will be derived from private, nongovernment sources. Such description shall include the name of the source, total amount of such match, the date the matching funds were obtained or legally committed, if applicable, the extent to which, and for what purpose, such matching funds have been used to date, and terms and restrictions on use for each matching source, including any restriction that might reasonably be construed as a limitation on the ability of the Applicant to use the funds for matching purposes; and
(iii)
Severe constraints waiver. If the Applicant is requesting a “severe constraints waiver” of any matching requirements, it shall submit the information requested in § 1805.502.(9)
Projected community impact. An Applicant shall provide:(i) Estimates of the volume of new activity to be achieved within its Target Market assuming that assistance is provided by the Fund;
(ii) A description of the anticipated incremental increases in activity to be achieved with assistance provided by the Fund and matching funds within the Target Market;
(iii) An estimate of the benefits expected to be created within its Target Market over the next five years;
(iv) The extent to which the Applicant will concentrate its activities within its Target Market;
(v) A description of how the Applicant will measure the benefits created as a result of its activities within its Target Market; and
(vi) In the case of an Applicant with a prior history of serving a Target Market, an explanation of how the Applicant will expand its operations into a new Investment Area(s), serve a new Targeted Population(s), offer more products or services, or increase the volume of its activities.
(10)
Risks and assumptions. An Applicant shall identify and discuss critical risks (including strategies to mitigate risk) and assumptions contained in its Comprehensive Business Plan, and any significant impediments to the Plan's implementation.(11)
Schedule. An Applicant shall provide a schedule indicating the timing of major events necessary to realize the objectives of its Comprehensive Business Plan.(12)
Community Partnership. In the case of an Applicant submitting an application with a Community Partner, the Applicant shall:(i) Describe how the Applicant and the Community Partner will participate in carrying out the Community Partnership and how the partnership will enhance activities serving the Investment Area(s) or Targeted Population(s);
(ii) Demonstrate that the Community Partnership activities are consistent with the Comprehensive Business Plan;
(iii) Provide information necessary to evaluate such an application as described under § 1805.701(b)(6);
(iv) Include a copy of any written agreement between the Applicant and the Community Partner related to the Community Partnership; and
(v) Provide information to demonstrate that the Applicant meets the eligibility requirements described in § 1805.200 and satisfies the selection criteria described in subpart G of this part. (A Community Partner shall not be required to meet the eligibility requirements described in § 1805.200.)
(13)
Effective use of Fund resources. An Applicant shall describe the extent of need for the Fund's assistance, as demonstrated by the extent of economic distress in the Applicant's Target Market and the extent to which the Applicant needs the Fund's assistance to carry out its Comprehensive Business Plan.(e)
Community ownership and governance. An Applicant shall provide information to demonstrate the extent to which the Applicant is, or will be, Community-Owned or Community-Governed.(f)
Environmental information. The Applicant shall provide sufficient information regarding the potential environmental impact of its proposed activities in order for the Fund to complete its environmental review requirements pursuant to part 1815 of this chapter.(g)
Applicant certification. The Applicant and Community Partner (if applicable) shall certify that:(1) It possesses the legal authority to apply for assistance from the Fund;
(2) The application has been duly authorized by its governing body and duly executed;
(3) It will not use any Fund resources for lobbying activities as set forth in § 1805.807; and
(4) It will comply with all relevant provisions of this chapter and all applicable Federal, State, and local laws, ordinances, regulations, policies, guidelines, and requirements.