April 05, 2023

1

EMERGENCY CAPITAL INVESTMENT PROGRAM

U.S. Department of the Treasury

Guidance on Interim Submission of Reporting

Institutions participating (Participants) in the Emergency Capital Investment Program (ECIP) are 

required to submit certain information, documents, or reports to the U.S. Department of the 

Treasury (Treasury) in accordance with the ECIP Interim Final Rule (IFR), the Participant’s 

Securities Purchase Agreement (SPA) with Treasury, and the Certificate of Designations of 

ECIP Preferred Shares or Subordinated Note, as applicable.

Please refer to the guidance below regarding how to submit the applicable information to 

Treasury. Treasury is developing additional functionality through the ECIP (Salesforce) Portal, 

which will replace these instructions

This guidance, including the description of the requirements in the table below is provided for 

the convenience of Participants but does not constitute an interpretation of the applicable 

requirement. The table below is not an exhaustive list of all reporting obligations applicable to 

Participants. Terms that are not defined in this document are defined in the IFR, SPA, 

Certificate of Designations, or Subordinated Note, as applicable.

If you have any questions, please contact the ECIP at ecip@treasury.gov.
April 05, 2023 

2 

Item 

# Description of Requirement Frequency and Deadline Submission Method Reference

1 

Deliver consolidated fiscal 

year financials (balance sheet, 

income statement, retained 

earnings, cash flow)

Annually, within 

120 days of the end 

of the fiscal year of 

the Participant

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – FY Financials'

SPA - 

4.1(c)(ii)(A)

2 

Deliver a copy of any 

quarterly reports provided to 

other stockholders, equity 

holders, or interest holders of 

the Participant

Quarterly, as soon 

as available after the 

end of the first, 

second and third 

quarters in each 

fiscal year of the 

Participant

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – Quarterly Reports'

SPA - 

4.1(c)(ii)(B)

3 

Deliver a copy of any 

assessment of the internal 

controls of the Participant 

(except those specified in the 

SPA) 

As soon as available 

after the Participant 

receives any 

assessment

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – Internal Controls 

Assessment'

SPA - 

4.1(c)(ii)(C)

4 

Deliver any amendments to 

the Charter, bylaws, or other 

organizational documents of 

the Participant

As soon as such 

amendments 

become effective

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – Amendments'

SPA - 

4.1(c)(ii)(D)

5 

Deliver copies of any 

information or documents 

sent by the Participant to its 

stockholders, members or 

equity holders

At the same time as 

such information is 

sent to the 

stockholders, 

members, or equity 

holders

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – Stockholder 

Reports'

SPA - 

4.1(c)(ii)(E)

6 

Certify to the Investor that the 

information provided on each 

Supplemental Report is 

accurate 

Quarterly, upon 

submission of each 

Quarterly 

Supplemental 

Report (QSR)

Completed and submitted 

as part of the QSR 

submission in the 

Salesforce-based portal. 

SPA - 4.1(d)(i)

7 

Certify that the processes and 

controls used to generate the 

Supplemental Reports are 

satisfactory. If applicable, 

provide an attestation with 

respect to the processes and 

controls used to generate the 

Supplemental Reports from 

the independent auditor of the 

Participant

Annually, within 

120 days of the end 

of the fiscal year of 

the Participant

Treasury will send out an 

Additional Information 

Request (AIR) in Q1 of the 

calendar year. Please 

respond to the AIR to 

submit this certification. 

SPA - 4.1(d)(ii)

8 

Certify that the Participant is 

in compliance with all the 

excessive compensation, 

severance pay, and excessive 

or luxury expenditures 

Annually, by 

December 31 of 

each calendar year 

Treasury will send out an 

Additional Information 

Request (AIR) towards the 

end of each calendar year. 

SPA - 4.1(d)(iii)

31 CFR § 35.24
April 05, 2023 

3 

Item 

# Description of Requirement Frequency and Deadline Submission Method Reference

requirements and limitations 

on capital distributions in the 

ECIP IFR

Please respond to the AIR 

to submit this certification.

9 

Notify the Investor about the 

occurrence of any breach of 

any of the covenants set forth 

in Section 4.1(d) 

Immediately upon 

the occurrence of a 

breach

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – Certification

Breach'

SPA - 4.1(d)

10 

Adopt an excessive or luxury 

expenditures policy and 

provide it to the Investor and 

the appropriate Federal 

Banking Agency or NCUA

and post the policy on the 

Participant's website (if 

applicable)

Within 90 days of 

the Closing Date

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – Lux Exp’

SPA - 4.1(e)(ii)

31 CFR § 

35.22(c)(1)

11 

After making any material 

amendments to the luxury 

expenditures policy, the 

Participant must provide it to 

Treasury and the appropriate 

Federal banking agency and 

post it on the website of the 

Participant (if applicable)

Within 90 days of 

adopting any 

material 

amendments to a 

Participant’s luxury 

expenditures policy

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – Updated Luxury 

Expenditures Policy'

31 CFR § 

35.22(c)(2)

12 

Submit Quarterly 

Supplemental Reports, as 

required (QSR)

Quarterly, 

concurrently with 

the Call Report of 

the Participant

Submitted through the 

Salesforce-based portal. 

Credit Union 

SPA - 4.1(h)(i)

Mutuals / S Corp 

SPA - 4.1(h)(i)

C Corp SPA - 

4.1(g)(i)

13 

Provide the Investor with a 

written description of any 

inaccuracy found in any 

Initial Supplemental Report 

or Quarterly Supplemental 

Report

Variable, within 3 

business days after 

the discovery of any 

inaccuracy

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – ISR/QSR 

Inaccuracy'

Credit Union 

SPA-4.1(h)(ii)

Mutuals / S Corp 

SPA-4.1(h)(iii)

C Corp SPA4.1(g)(iii)

14 

Submit any other documents, 

requests or certifications as 

required under the IFR, SPA, 

Certificate of Designations, or 

Subordinated Note 

As required

By email to 

ECIP@treasury.gov. Please 

label email subject header: 

'[ECIP #], [Participant 

Name] – [Brief Description 

of Document]'

Other