Hoping someone can help guide me through this, I've talked and researched myself into a circle.

We have an anticipated merger happening in 2022. Currently, neither institution reports open-end lines on the HMDA LAR but both report closed-end loans. For purposes of evaluating whether the surviving institution crosses the reporting threshold for open-end lines, do I look at whether the institutions combined originated more than 500 in each of the two previous calendar years (since that is the current threshold), or more than 200 since the reporting threshold changes to 200 on January 1, 2022?

If the surviving institution crosses the reporting threshold of 200 in 2022, would the surviving institution be required to report HMDA data on open-end lines for the entire calendar year, even though neither institution currently reports open-end lines on their HMDA LAR? Or just on open-end lines post merger, or not at all in 2022 and begin collecting in 2023?

Thank you for any guidance you can provide.

Effective January 1, 2022, paragraph 3 is amended to read:

3. Merger or acquisition—coverage of surviving or newly formed institution. After a merger or acquisition, the surviving or newly formed institution is a financial institution under § 1003.2(g) if it, considering the combined assets, location, and lending activity of the surviving or newly formed institution and the merged or acquired institutions or acquired branches, satisfies the criteria included in § 1003.2(g). For example, A and B merge. The surviving or newly formed institution meets the loan threshold described in § 1003.2(g)(1)(v)(B) if the surviving or newly formed institution, A, and B originated a combined total of at least 200 open-end lines of credit in each of the two preceding calendar years.

Thank you, sir. This is why you should read the regulations here and NOT just on the CFPB website!