12 C.F.R. § 7.4006
[Reserved]
Notes of Decisions
Cited in 19
cases, 2003–2012 · leading case: Watters v. Wachovia Bank, N. A., 550 U.S. 1 (2007).
Watters v. Wachovia Bank, N. A., 550 U.S. 1 (2007). “§ 24a(g)(3)(A), see also § 24 Seventh, OCC promulgated 12 CFR § 7.4006 (2006): "Unless otherwise provided by Federal law or OCC regulation, State laws apply to national bank operating subsidiaries to the same extent that those laws apply to the parent national bank.”
Wachovia Bank, N.A. v. Burke, 414 F.3d 305 (2d Cir. 2005). “34 (e), and providing that “State laws apply to national bank operating subsidiaries to the same extent that those laws apply to the parent national bank,” 12 C.F.R. § 7.4006 . These regulations define a national bank’s “incidental powers” to include conducting business through…”
Wachovia Bank, N.A. & Wachovia Mortg. Corp. v. Linda A. Watters, Comm'r of the Michigan Off. of Ins. & Fin. Servs., 431 F.3d 556 (6th Cir. 2005). “The federal regulation the State of Michigan argues most vehemently against was adopted in 2001 and promulgated as 12 C.F.R. § 7.4006 . It states that “[u]nless *560 otherwise provided by Federal law or OCC regulation, State laws apply to national bank operating subsidiaries to…”
Mississippi Dep't of Revenue v. Pikco Fin., Inc., 97 So. 3d 1203 (Miss. 2012). “Pikco argues that, even though it is not a national bank, the protections of Section 484 apply to it because 12 C.F.R. Section 7.4006 provides, “Unless otherwise provided by Federal law or OCC regulation, State laws apply to national bank operating subsidiaries to the same…”
Wachovia Bank, N.A. v. Watters, 334 F. Supp. 2d 957 (W.D. Mich. 2004). “” 12 C.F.R. § 7.4006 . Because § 484 prevents state visitorial authority to be exercised over national banks, the regulations extend this prohibition to national bank operating subsidiaries.”
SPGGC, LLC v. Blumenthal, 505 F.3d 183 (2d Cir. 2007). “12 C.F.R. § 7.4006 (“Unless otherwise provided by Federal law or OCC regulation, State laws apply to national bank operating subsidiaries to the same extent that those laws apply to the parent national bank.”
Nat'l City Bank of Indiana v. Turnbaugh, 367 F. Supp. 2d 805 (D. Maryland 2005). “” 12 C.F.R. § 7.4006 . Third, under 12 U.S.”
Wells Fargo Bank, N.A. v. Boutris, 265 F. Supp. 2d 1162 (E.D. Cal. 2003). “) The OCC has promulgated 12 C.F.R. § 7.4006 , which concerns- its exclusive visi-torial powers over national banks.”
Wells Fargo Bank N.A. v. Boutris, 419 F.3d 949 (9th Cir. 2005). “4006 , a regulation promulgated by the OCC in 2001, which states: “Unless otherwise provided by Federal law or OCC regulation, State laws apply to national bank operating subsidiaries to the same extent that those laws apply to the parent national bank.” See Investment…”
Clearing House Ass'n, LLC v. Cuomo, 510 F.3d 105 (2d Cir. 2007). “The State argued — contrary to another recent OCC regulation, 12 C.F.R. § 7.4006 — that operating subsidiaries are not themselves national banks, and that state laws regulating such subsidiaries are therefore applicable and enforceable.”
Off. of the Comptroller of the Currency v. Spitzer, 396 F. Supp. 2d 383 (S.D.N.Y. 2005). “A similar argument was made in Wachovia, challenging the application of Chevron deference to 12 C.F.R. § 7.4006 , the OCC’s regulation clarifying that national banks’ operating subsidiaries are subject to state laws to the same extent as national banks.”
Citibank (South Dakota), N.A. v. Martin, 11 Misc. 3d 219 (N.Y. City Civ. Ct. 2005). “, 218 F3d 919 [8th Cir 2000] [store credit card system was that of a national bank, the wholly owned subsidiary of store]; 12 CFR 7.4006, 362.4 [subsidiaries]). The federal rules are not extended to independent third parties acting under an agency agreement or other contract…”
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