12 C.F.R. § 7.4007 Deposit-Taking By National Banks

LibraryCode of Federal Regulations
Edition2023
Citation12 C.F.R. § 7.4007
Year2023

(a) Authority of national banks. A national bank may receive deposits and engage in any activity incidental to receiving deposits, including issuing evidence of accounts, subject to such terms, conditions, and limitations prescribed by the Comptroller of the Currency and any other applicable Federal law.

(b) Applicability of state law. A national bank may exercise its deposit-taking powers without regard to state law limitations concerning:

    (1) Abandoned and dormant accounts;3
    (2) Checking accounts;
    (3) Disclosure requirements;
    (4) Funds availability;
    (5) Savings account orders of withdrawal;
    (6) State licensing or registration requirements (except for purposes of service of process); and
    (7) Special purpose savings services;4

(c) State laws that are not preempted. State laws on the following subjects are not inconsistent with the deposit-taking powers of national banks and apply to national banks to the extent consistent with the decision of the Supreme Court in Barnett Bank of Marion County, N.A. v. Nelson, Florida Insurance Commissioner, et al. 517 U.S. 25 (1996):

    (1) Contracts;
    (2) Torts;
    (3) Criminal law;5
    (4) Rights to collect debts;
    (5) Acquisition and transfer of property;
    (6) Taxation;
    (7) Zoning; and
    (8) Any other law that the OCC determines to be applicable to national banks in accordance with the decision of the Supreme Court in Barnett Bank of Marion County, N.A. v. Nelson, Florida Insurance Commissioner, et al. 517 U.S. 25 (1996), or that is made applicable by Federal law.

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