Mass. Gen. Laws » Part I Title XXII Chapter 167D
Massachusetts General Laws

Mass. Gen. Laws ch. 167D, § 6 (2026)

Fee, charges or assessments; refusal of payment of deposited instruments; costs for processing deposited instrument

✓ current as of July 2026
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Section 6. No bank shall assess a fee, charge or other assessment against an account, established for personal, family or household purposes, of a depositor who, as the payee of a check, draft or money order, of which the payee is not also the maker, deposits the same therein and payment on any such instrument is refused by the depository institution upon which it is drawn because of insufficient funds or because the maker thereof did not have an account at such depository institution; provided, however, that a bank may assess a reasonable fee, charge or assessment that represents its direct costs, as established annually by the commissioner, incurred for processing such check, draft or money order.

Notes of Decisions
Cited in 2 cases, 2002–2012 · leading case: Bongaards v. Millen, 768 N.E.2d 1107 (Mass. App. Ct. 2002).
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Bongaards v. Millen, 768 N.E.2d 1107 (Mass. App. Ct. 2002). · cites it 2× “See also G. L. c. 167D, § 6 (note 18, supra), which essentially shields the bank from liability for payment of the account to the trust beneficiary following the death of the trustee but which also may be read as permitting withdrawal of part or all of the account by the trustee.”
In re Moise, 463 B.R. 197 (Bankr. D. Mass. 2012). “The foregoing facts establish without question that the Savings Account is a classic “Totten” 2 or savings account trust whereby a depositor/trustee establishes a savings account for the benefit of a third party as beneficiary, retaining the right to make deposits and…”
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