Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#155314 - 01/30/04 04:00 PM Preemption and Interest rate
DebbieC Offline
Member
Joined: Jul 2001
Posts: 66
Owensboro, KY USA
I'm confused. The preemption rule states that we are, as national banks, preempted from state interest rate rules. However, it refers to 12CFR7.4001 which (to me) says that we cannot exceed state usury laws for consumers loans. Think I'm missing something!

Return to Top
Operations Compliance
#155315 - 01/30/04 10:18 PM Re: Preemption and Interest rate
Rocky P Online
Power Poster
Joined: Jun 2003
Posts: 7,658
Florida
Pre-emption applies when there is a conflict between state and federal regulations. As there is no federal usuary rate, the state limit would be the guiding factor.
_________________________
Integrity. With it, nothing else matters. Without it, nothing else matters.

Return to Top
#155316 - 01/31/04 12:50 PM Re: Preemption and Interest rate
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Preemption also includes an "except" statement -- except where federal law or regulation requires compliance with state law. This an example.

What preemption does, however, is allow a national bank to export the rates of its home state to other states without regard to the laws of those other states (in general).
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top

Moderator:  Andy_Z, John Burnett