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Permissible Interest on Loans That Are Sold, Assigned, or Otherwise Transferred

banking-occ · OCC · Rule · Published 2020-06-02 · Effective 2020-08-03 · 85 FR 33530

Document

Document number
2020-11963
Federal Register citation
85 FR 33530
CFR reference
12 CFR 7
Type
Rule
Action
Final rule.
Category
banking-occ
Sub-agency
OCC
Publication date
2020-06-02
Effective date
2020-08-03
Treasury docket
Docket ID OCC-2019-0027

Abstract

Federal law establishes that national banks and savings associations (banks) may charge interest on loans at the maximum rate permitted to any state-chartered or licensed lending institution in the state where the bank is located. In addition, banks are generally authorized to sell, assign, or otherwise transfer (transfer) loans and to enter into and assign loan contracts. Despite these authorities, recent developments have created legal uncertainty about the ongoing permissibility of the interest term after a bank transfers a loan. This rule clarifies that when a bank transfers a loan, the interest permissible before the transfer continues to be permissible after the transfer.

Source

Authoritative
Federal Register document
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