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ARTICLE · 26 OCTOBER 2026

FDIC Proposes State Bank Parity Rule For Interstate Services

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The Federal Deposit Insurance Corporation has proposed a rule that would fundamentally alter which state laws apply to banks operating across state lines, extending parity protections beyond physical branches to all services provided in host states. This modernization of the Riegle-Neal framework responds to the digital transformation of banking and recent litigation over state interchange fee laws.

United StatesFinance and Banking
Matthew Bisanz
Matthew Bisanz
Andrew Hartlage
Andrew Hartlage
Andrew Olmem
Andrew Olmem
Jeffrey P. Taft
Jeffrey P. Taft
Kelly F. Truesdale
Kelly F. Truesdale
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On September 17, 2026, the Federal Deposit Insurance Corporation (“FDIC”) announced that it is inviting comment on a notice of proposed rulemaking (the “Proposed Rule”) that would change which state’s laws apply to state banks doing business outside their chartering state (“home state”).

Under existing law, when a bank operates a branch in a state other than its home state (the “host state”), the laws of the host state apply to the branch only to the extent that the host state’s laws apply to a branch of an out-of-state national bank. Where a host-state law is inapplicable under this provision, the law of the home state applies instead. The Proposed Rule would extend this treatment to services provided by an out-of-state bank in a host state, without regard to whether the out-of-state bank maintains a branch in the host state.

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