12 U.S.C. § 93a
Authority to prescribe rules and regulations
Except to the extent that authority to issue such rules and regulations has been expressly and exclusively granted to another regulatory agency, the Comptroller of the Currency is authorized to prescribe rules and regulations to carry out the responsibilities of the office, except that the authority conferred by this section does not apply to section 36 of this title or to securities activities of National Banks under the Act commonly known as the “Glass-Steagall Act”.
Notes of Decisions
Cited in 53
cases (2 in the last 5 years), 1982–2025 · leading case: Watters v. Wachovia Bank, N. A., 550 U.S. 1 (2007).
Watters v. Wachovia Bank, N. A., 550 U.S. 1 (2007). “[23] In a recent adoption of a separate preemption regulation, the OCC located the source of its authority to displace state laws in 12 U.S.C. §§ 93a and 371. See 69 Fed.Reg.”
Nat'l City Bank of Indiana v. Turnbaugh, 367 F. Supp. 2d 805 (D. Maryland 2005). “Finally, the Commissioner asserts that the OCC exceeded the authority delegated to it by 12 U.S.C. § 93a when it promulgated regulations governing operating subsidiaries.”
Clearing House Ass'n, LLC v. Cuomo, 510 F.3d 105 (2d Cir. 2007). “" 12 U.S.C. § 93a. This includes the authority "to define the `incidental powers' of national banks beyond those specifically enumerated in the statute.”
Sec. Indus. Ass'n v. Bd. of Governors of the Fed. Reserve Sys., 468 U.S. 137 (1984). “188 , 12 U. S. C. § 93a. When Congress has concluded that a particular form of notes should not be covered by the Act's prohibitions, it has amended the statute accordingly.”
Dutcher v. Matheson, 840 F.3d 1183 (10th Cir. 2016). “Acting pursuant to its regulatory authority, see 12 U.S.C. § 93a, the OCC has issued 12 C.”
Kronemeyer v. U.S. Bank Nat'l Ass'n, 857 N.E.2d 686 (Ill. App. Ct. 2006). “308): (1) whether the plaintiffs’ claims are preempted under the National Bank Act (12 U.S.C. §93a (2000)) and the regulations and regulatory interpretations issued thereunder by the Office of the Comptroller of the Currency (OCC) and (2) whether the circuit court has…”
Ellsworth v. U.S. Bank, N.A., 908 F. Supp. 2d 1063 (N.D. Cal. 2012). “2010) (citing 12 U.S.C. § 93a (OCC authorized to “prescribe rules and regulations to carry out the responsibilities of the office”); Wachovia Bank, N.”
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). “§ 7.4000 (including the power to examine national banks, inspect their records, and regulate their activities authorized by federal law).”
Veronica Gutierrez v. Wells Fargo Bank, N.A., 704 F.3d 712 (9th Cir. 2012). “The OCC has interpreted these incidental powers to include the power to set account terms and the power to charge customers non-interest charges and fees, such as the overdraft fees at issue here. 12 C.”
SPGGC, LLC v. Blumenthal, 505 F.3d 183 (2d Cir. 2007). “12 U.S.C. § 93a; see NationsBank of N.C., N.”
Martinez v. Wells Fargo Home Mortg., Inc., 598 F.3d 549 (9th Cir. 2010). “See 12 U.S.C. § 93a (authorizing the OCC “to prescribe rules and regulations to carry out the responsibilities of the office”); Wachovia Bank, N.”
Aguayo v. U.S. Bank, 653 F.3d 912 (9th Cir. 2011). “The NBA and the OCC The NBA, as the ultimate statutory authority for national banks, was originally enacted in 1864 to give banks broad authority to exercise “all such incidental powers as shall be necessary to carry on the business of banking.”
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