12 CFR 557.12 - What are some examples of preempted state laws affecting deposits?
| Cite as | 12 CFR 557.12 |
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10 practice notes
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Bank activities and operations and real estate lending and appraisals:
National banks; State law applicability,
...to the law of the state where it does business.'' Id. at 248-249. State escheat laws are not included in this category. See also 12 CFR 557.12; 62 FR 55759, 55761 (Oct. 22, (ii) Checking accounts; (iii) Mandated statements and disclosure requirements; (iv) Funds availability; (v) Savings ac......
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In re Washington Mut. Overdraft Protection Litig., Case No. CV 03-2566 ABC (RCx).
...impose requirements governing the following[:] (b) Checking accounts; (c) Disclosure requirements; [and] (f) Service charges and fees." 12 C.F.R. § 557.12. The next section identifies the following types of state law as not preempted "to the extent that the law only incidentally affects [] ......
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State Farm Bank, F.S.B. v. Burke, No. 3:05CV808 (JBA).
...state laws that purport to impose requirements governing the following: ... [s]tate licensing or registration requirements," (12 C.F.R. § 557.12(g)), "requirements regarding ... Micensing, registration, filings, or reports by creditors," (12 C.F.R. § 560.2(b)(1)), or "[p]rocessing, originat......
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Bank of America v. City & County of San Francisco, No. 00-16355.
...charge fees for deposit and lending-related services. See 12 C.F.R. § 545.17 (authorizing transfer of funds "with or without fee"); 12 C.F.R. § 557.12(f) (authorizing "service charges and fees" for deposit-related activities); 12 C.F.R. § 560.2(b)(5) (authorizing "loan-related fees, includi......
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8 cases
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In re Washington Mut. Overdraft Protection Litig., Case No. CV 03-2566 ABC (RCx).
...impose requirements governing the following[:] (b) Checking accounts; (c) Disclosure requirements; [and] (f) Service charges and fees." 12 C.F.R. § 557.12. The next section identifies the following types of state law as not preempted "to the extent that the law only incidentally affects [] ......
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State Farm Bank, F.S.B. v. Burke, No. 3:05CV808 (JBA).
...state laws that purport to impose requirements governing the following: ... [s]tate licensing or registration requirements," (12 C.F.R. § 557.12(g)), "requirements regarding ... Micensing, registration, filings, or reports by creditors," (12 C.F.R. § 560.2(b)(1)), or "[p]rocessing, originat......
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Sharabani v. Simon Prop. Grp., Inc.
...the extent provided in § 557.13. State law includes any statute, regulation, ruling, order, or judicial decision" ( 12 CFR 557.11 [b] ). 12 CFR 557.12 further provides that the OTS regulations preempt state laws that, inter alia, purport to impose requirements regarding abandoned and dorman......
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Guadagno v. E*Trade Bank, No. CV 08-03628 SJO (JCX).
...that purport to impose requirements governing "(b) checking accounts; (d) funds availability; [and] (f) service charges and fees."" 12 C.F.R. § 557.12. Here, an injunction under the UCL against E*Trade's current online bill payment process would affect E*Trade's management of and availabili......
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