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ARTICLE · 14 JULY 2004

OCC Confirms UCC Not Preempted

Responding to a joint letter from the President of the National Conference of Commissioners on Uniform State Laws ("NCCUSL") and the Director of the American Law Institute (the "ALI"), the OCC confirmed that the recently adopted OCC regulations on preemption of state laws, as described in the January 13, 2004 and March 23, 2004 issues of the <I>Alert</I>, do not preempt the Uniform Commercial Code (the "UCC").

United StatesEmployment and HR

Responding to a joint letter from the President of the National Conference of Commissioners on Uniform State Laws ("NCCUSL") and the Director of the American Law Institute (the "ALI"), the OCC confirmed that the recently adopted OCC regulations on preemption of state laws, as described in the January 13, 2004 and March 23, 2004 issues of the Alert, do not preempt the Uniform Commercial Code (the "UCC"). The OCC pointed out that the regulations were not intended to preempt state laws that "establish the legal infrastructure that makes practicable the conduct of [the banking] business" and agreed with NCCUSL and the ALI that "the UCC is a body of state law that does not obstruct, impair, or condition the ability of national banks to exercise fully the powers granted by federal law." The OCC, however, emphasized that it was addressing the uniform version of the UCC sponsored by NCCUSL and the ALI, but not any non-uniform provisions which individual states may have adopted and

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