ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Policy

Blog post: OCC needs to clarify federal preemption over state banking laws

July 16, 2024
Reading Time: 2 mins read
ABA: OCC should revise proposed changes to bank merger application process

As Florida and other states pass laws that seemingly conflict with national banks’ ability to comply with federal anti-money laundering laws, the Office of the Comptroller of the Currency needs to clarify when federal mandates preempt state statute, financial analyst Karen Petrou wrote in a recent blog post on her firm’s website.

Florida earlier this year passed a law preventing banks from denying services to customers because of their political or religious beliefs. Other states have adopted or are considering adopting similar laws. Petrou, the co-founder of Federal Financial Analytics, wrote that House lawmakers recently pressed Treasury Secretary Janet Yellen and Federal Reserve Chairman Jerome Powell on whether federal law preempts state laws like the one in Florida. However, she noted that the power of preemption rests only with the OCC, which has been quiet on the issue.

“So far, it’s done nothing and the nothing it’s done points to the consequences of one of the quieter decisions in this year’s tumultuous Supreme Court term and the threat this poses to the national-bank charter,” Petrou said, referring to Cantero v. Bank of America, in which a majority of justices ruled that a lower court failed to analyze whether a New York state law was preempted in a manner consistent with the Dodd-Frank Act.

“In short, the Supreme Court says that the OCC must make a carefully-reasoned decision about what undermines national banking when it preempts state consumer law and, if this is challenged, the courts have to like the agency’s reasoning,” Petrou said. “Combine this high bar to preemption with the end of deference to the OCC’s rulings on what it thinks warrants preemption, and you’ve got a much tougher challenge for preemption to prevail.”

Acting Comptroller of the Currency Michael Hsu could issue a preemption determination, according to Petrou. Or the Treasury Department may separately assert its right to enforce AML laws in a manner meant to bind both national and state banks. “We shall see, but one key benefit of national-bank charters—preemption—faces the fight of its life,” she wrote.

Tags: Anti-money launderingOCC
ShareTweetPin

Related Posts

Survey: CFOs highlight cost-cutting, growth as 12-month priorities

Survey: CFOs highlight cost-cutting, growth as 12-month priorities

Newsbytes
May 6, 2026

Thirty-nine percent ranked cost cutting as their top priority (up from 33% in mid-2024). Revenue growth rose from seventh to second (31%). In addition, 30% said contributing to business-wide digital transformation is a top priority.

ABA’s Nichols named one of Washingtonian magazine’s most influential people

ABA’s Nichols named one of Washingtonian magazine’s most influential people

Newsbytes
May 6, 2026

The magazine says its annual ranking includes the “experts and advocates, outside the government, who are playing big roles” in Washington, D.C., policy. It highlighted Nichols' skilled advocacy to ensure banks are able to continue providing affordable mortgages...

Mutuals Ion Bank, NVE Bank plan merger

M&A: Recent bank deals in New England, the Midwest and Northwest

Newsbytes
May 6, 2026

Banner Corp in Washington to buy Pacific Financial; Cambridge Financial Group in Massachusetts will purchase First Seacoast Bancorp New Hampshire; and Hawthorn Bancshares in Jefferson City, Missouri, has agreed to buy FSC Bancshares in Cameron.

Fifth Circuit rules SEC must fix stock buyback rule

SEC proposes frequency changes to reporting by public companies

Newsbytes
May 6, 2026

Under the proposal, public companies would have the option of filing semiannual reports instead of quarterly reports to meet interim reporting obligations under federal securities laws.

Winners of the 2026 ABA Distinguished Service Award for Risk and Compliance on stage holding awards along with ABA staff and past award recipients.

ABA recognizes New York, Pennsylvania bankers for distinguished risk and compliance service

Compliance and Risk
May 5, 2026

Ann Marie Tarantino of Esquire Bank in New York received ABA's 2026 Distinguished Service Award for Risk, and Elizabeth Reister with Fulton Bank in Pennsylvania, received the association's Distinguished Service Award for Compliance.

Nichols: ABA seeking bank policy that survives future political shifts

Nichols: ABA seeking bank policy that survives future political shifts

Compliance and Risk
May 5, 2026

While the regulatory landscape is looking better and brighter for the banking industry, ABA is working hard to ensure the durability of recent changes so they can survive future changes in the nation’s leadership, ABA President and CEO...

NEWSBYTES

Survey: CFOs highlight cost-cutting, growth as 12-month priorities

May 6, 2026

ABA’s Nichols named one of Washingtonian magazine’s most influential people

May 6, 2026

M&A: Recent bank deals in New England, the Midwest and Northwest

May 6, 2026

SPONSORED CONTENT

Credit Memos at the Convergence Point

Credit Memos at the Convergence Point

May 1, 2026
Digital Account Opening: Think Outside the Box for Maximum Business Impact

Digital Account Opening: Think Outside the Box for Maximum Business Impact

April 29, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Why Your Systems Keep Slowing Down — and What to Do About It

April 21, 2026
Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

How leading banks are enhancing customer engagement through financial data insights

April 10, 2026

PODCASTS

Podcast: Tech transformation and AI to power bank growth

April 29, 2026

Podcast: ABA’s ecosystem strategy to tackle fraud

April 22, 2026

Podcast: Capitalizing on opportunities to serve high-net-worth clients

April 9, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.