[Code of Federal Regulations]
[Title 12, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR7.4009]

[Page 200-201]
 
                       TITLE 12--BANKS AND BANKING
 
   CHAPTER I--COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY
 
PART 7_BANK ACTIVITIES AND OPERATIONS--Table of Contents
 
                          Subpart D_Preemption
 
Sec. 7.4009  Applicability of state law to national bank operations.

    (a) Authority of national banks. A national bank may exercise all 
powers authorized to it under Federal law, including conducting any 
activity that is part of, or incidental to, the business of banking, 
subject to such terms, conditions, and limitations prescribed by the 
Comptroller of the Currency and any applicable Federal law.
    (b) Applicability of state law. Except where made applicable by 
Federal law, state laws that obstruct, impair, or condition a national 
bank's ability to fully exercise its powers to conduct activities 
authorized under Federal law do not apply to national banks.
    (c) Applicability of state law to particular national bank 
activities. (1) The provisions of this section govern with respect to 
any national bank power or aspect of a national bank's operations that 
is not covered by another OCC regulation specifically addressing the 
applicability of state law.
    (2) State laws on the following subjects are not inconsistent with 
the powers of national banks and apply to national banks to the extent 
that they only incidentally affect the exercise of national bank powers:
    (i) Contracts;
    (ii) Torts;
    (iii) Criminal law \8\
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    \8\ 8 Id.
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    (iv) Rights to collect debts;
    (v) Acquisition and transfer of property;
    (vi) Taxation;
    (vii) Zoning; and

[[Page 201]]

    (viii) Any other law the effect of which the OCC determines to be 
incidental to the exercise of national bank powers or otherwise 
consistent with the powers set out in paragraph (a) of this section.

[69 FR 1917, Jan. 13, 2004]