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ARTICLE · 06 AUGUST 2003

A Federal Preemption Parity Framework For State Banks

United StatesFinance and Banking

By Robert C. Eager and C.F. Muckenfuss

Executive Summary

In a multistate financial services marketplace, national banks and federal thrifts do business under a federal law framework that largely preempts state law and permits them to operate on a uniform basis wherever they choose to do business. Recognizing that this federal preemption can put state-chartered banks at a competitive disadvantage and thus undermine the dual banking system, Congress has enacted a number of statutes that provide parity for state banks with national banks:

  • In 1980, Congress gave state banks the same ability as national banks to extend credit interstate under --"export"-- their home state usury rules.

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