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12 U.S.C. § 43 — Interpretations concerning preemption of certain State laws
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice and opportunity for comment required** Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency’s own motion, that concludes that Federal law preempts the application to a national bank of any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or before making a determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/f/1/A/ii&num=0&edition=prelim), the appropriate Federal banking agency (as defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim)) shall—
(1) publish in the Federal Register notice of the preemption or discrimination issue that the agency is considering (including a description of each State law at issue);
(2) give interested parties not less than 30 days in which to submit written comments; and
(3) in developing the final opinion letter or interpretive rule issued by the agency, or making any determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/f/1/A/ii&num=0&edition=prelim), consider any comments received.
**(b) Publication required** The appropriate Federal banking agency shall publish in the Federal Register—
(1) any final opinion letter or interpretive rule concluding that Federal law preempts the application of any State law regarding community reinvestment, consumer protection, fair lending, or establishment of intrastate branches to a national bank; and
(2) any determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granu
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Stable record: federal_law:legal_authorities:record_usc_6b785f88533be2419e3dedb7
Source file: Laws/federal/codes/united-states-code/title-12/section-43-interpretations-concerning-preemption-of-certain-state-laws--9ae5a7fe51.md
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Source location: Title 12, Chapter 2, § 43; chapter-002-national-banks.md
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**(a) Notice and opportunity for comment required** Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency’s own motion, that concludes that Federal law preempts the application to a national bank of any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or before making a determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/f/1/A/ii&num=0&edition=prelim), the appropriate Federal banking agency (as defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim)) shall—
(1) publish in the Federal Register notice of the preemption or discrimination issue that the agency is considering (including a description of each State law at issue);
(2) give interested parties not less than 30 days in which to submit written comments; and
(3) in developing the final opinion letter or interpretive rule issued by the agency, or making any determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/f/1/A/ii&num=0&edition=prelim), consider any comments received.
**(b) Publication required** The appropriate Federal banking agency shall publish in the Federal Register—
(1) any final opinion letter or interpretive rule concluding that Federal law preempts the application of any State law regarding community reinvestment, consumer protection, fair lending, or establishment of intrastate branches to a national bank; and
(2) any determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/f/1/A/ii&num=0&edition=prelim).
**(c) Exceptions**
(1) **No new issue or significant basis** — This section shall not apply with respect to any opinion letter or interpretive rule that—
(A) raises issues of Federal preemption of State law that are essentially identical to those previously resolved by the courts or on which the agency has previously issued an opinion letter or interpretive rule; or
(B) responds to a request that contains no significant legal basis on which to make a preemption determination.
(2) **Judicial, legislative, or intragovernmental materials** — This section shall not apply with respect to materials prepared for use in judicial proceedings or submission to Congress or a Member of Congress, or for intragovernmental use.
(3) **Emergency** — The appropriate Federal banking agency may make exceptions to subsection (a) if—
(A) the agency determines in writing that the exception is necessary to avoid a serious and imminent threat to the safety and soundness of any national bank; or
(B) the opinion letter or interpretive rule is issued in connection with—
(i) an acquisition of 1 or more banks in default or in danger of default (as such terms are defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim)); or
(ii) an acquisition with respect to which the Federal Deposit Insurance Corporation provides assistance under [section 1823(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1823/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the State of Alabama, shall be forever free from toll for all property belonging to the United States, and for all persons in their service, and for all citizens of the United States, except as to such tolls as may be allowed by Act of Congress.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
**(a) Definitions of bank and related terms**
(1) **Bank** — The term “bank”—
(A) means any national bank and State bank, and any Federal branch and insured branch;
(B) includes any former savings association.
(2) **State bank** — The term “State bank” means any bank, banking association, trust company, savings bank, industrial bank (or similar depository institution which the Board of Directors finds to be operating substantially in the same manner as an industrial bank), or other banking institution which—
(A) is engaged in the business of receiving deposits, other than trust funds (as defined in this section); and
(B) is incorporated under the laws of any State or which is operating under the Code of Law for the District of Columbia,
including any cooperative bank or other unincorporated bank the deposits of which were insured by the Corporation on the day before August 9, 1989.
(3) **State** — The term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
**(b) Definition of savings associations and related terms**
(1) **Savings association** — The term “savings association” means—
(A) any Federal savings association;
(B) any State savings association; and
(C) any corporation (other than a bank) that the Board of Directors and the Comptroller of the Currency jointly determine to be operating in substantially the same manner as a savings association.
(2) **Federal savings association** — The term “Federal savings association” means any Federal savings association or Federal savings bank which is chartered under [section 1464 of t
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section, the following definitions shall apply:
(1) **National bank** — The term “national bank” includes—
(A) any bank organized under the laws of the United States; and
(B) any Federal branch established in accordance with the International Banking Act of 1978 [[12 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3101&num=0&edition=prelim) et seq.].
(2) **State consumer financial laws** — The term “State consumer financial law” means a State law that does not directly or indirectly discriminate against national banks and that directly and specifically regulates the manner, content, or terms and conditions of any financial transaction (as may be authorized for national banks to engage in), or any account related thereto, with respect to a consumer.
(3) **Other definitions** — The terms “affiliate”, “subsidiary”, “includes”, and “including” have the same meanings as in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim).
**(b) Preemption standard**
(1) **In general** — State consumer financial laws are preempted, only if—
(A) application of a State consumer financial law would have a discriminatory effect on national banks, in comparison with the effect of the law on a bank chartered by that State;
(B) in accordance with the legal standard for preemption in the decision of the Supreme Court of the United States in Barnett Bank of Marion County, N. A. v. Nelson, Florida Insurance Commissioner, et al., 517 U.S. 25 (1996), the State consumer financial law prevents or significantly interferes with the exercise by the national bank of its powers; and any preemption determination under this subparagra
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 25b
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Federal law — U.S. Code and appendices · legal_authorities
Page 32
TITLE 12—BANKS AND BANKING
§ 42
(Aug. 1, 1956, ch. 852, § 2, 70 Stat. 908.)
Editorial Notes
REFERENCES IN TEXT
The National Bank Act, referred to in text, is act
June 3, 1864, ch. 106, 13 Stat. 99, which is classified prin-
cipally to chapter 2 (§ 21 et seq.) of this title. For com-
plete classification of this Act to the Code, see Ref-
erences in Text note set out under section 38 of this
title.
§ 42. Territorial application
The provisions of all Acts of Congress relating
to national banks shall apply in the several
States, the District of Columbia, the several
Territories and possessions of the United States,
and the Commonwealth of Puerto Rico.
(Pub. L. 86–230, § 14, Sept. 8, 1959, 73 Stat. 458.)
§ 43. Interpretations concerning preemption of
certain State laws
(a) Notice and opportunity for comment required
Before issuing any opinion letter or interpre-
tive rule, in response to a request or upon the
agency’s own motion, that concludes that Fed-
eral law preempts the application to a national
bank of any State law regarding community re-
investment, consumer protection, fair lending,
or the establishment of intrastate branches, or
before making a determination under section
36(f)(1)(A)(ii) of this title, the appropriate Fed-
eral banking agency (as defined in section 1813
of this title) shall—
(1) publish in the Federal Register notice of
the preemption or discrimination issue that
the agency is considering (including a descrip-
tion of each State law at issue);
(2) give interested parties not less than 30
days in which to submit written comments;
and
(3) in developing the final opinion letter or
interpretive rule issued by the agency, or
making any determination under section
36(f)(1)(A)(ii) of this title, consider any com-
men
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 43
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