Public-domain · open source
OpenJurist

12 U.S.C. § 1465

Section 1465 · Repealed. Pub. L. 106569, title XII, 1201(a), Dec. 27, 2000, 114 Stat. 3032

Amended 2 times on record

Applied in 19 court decisions — leading case Akopyan v. Wells Fargo Home Mortgage, Inc. (2013)

Most recently applied in Cole v. Stephen Einstein & Assocs., P.C. (February 2019)

How often courts cite this section

19331940196019802000201950111-203enacted · 1933 · 111-203111-203amended · 2010 · 111-203Akopyan v. Wells Fargo Home Mortgage, Inc.leading · 2013 · Akopyan v. Wells Fargo Home Mortgage, Inc.
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) In general

Any determination by a court or by the Director or any successor officer or agency regarding the relation of State law to a provision of this chapter or any regulation or order prescribed under this chapter shall be made in accordance with the laws and legal standards applicable to national banks regarding the preemption of State law.

(b) Principles of conflict preemption applicable

Notwithstanding the authorities granted under sections 1463 and 1464 of this title, this chapter does not occupy the field in any area of State law.

(c) Visitorial powers

The provisions of sections 1 25b(i) of this title shall apply to Federal savings associations, and any subsidiary thereof, to the same extent and in the same manner as if such savings associations, or subsidiaries thereof, were national banks or subsidiaries of national banks, respectively.

(d) Enforcement actions

The ability of the Comptroller of the Currency to bring an enforcement action under this chapter or section 45 of title 15 does not preclude any private party from enforcing rights granted under Federal or State law in the courts.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Prior Provisions

A prior section 1465, acts June 13, 1933, ch. 64, §6, 48 Stat. 134; Apr. 27, 1934, ch. 168, §11, 48 Stat. 647; May 28, 1935, ch. 150, §19, 49 Stat. 297; Pub. L. 101–73, title III, §301, Aug. 9, 1989, 103 Stat. 313, which related to liquid asset requirements, was repealed by Pub. L. 106–569, title XII, §1201(a), Dec. 27, 2000, 114 Stat. 3032.

Amendments

2010—Subsecs. (c), (d). Pub. L. 111–203, §1047(b), added subsecs. (c) and (d).

Effective Date

Enactment and amendment of section by Pub. L. 111–203 effective on the designated transfer date, see section 1048 of Pub. L. 111–203, set out as a note under section 5551 of this title.

/12/usc/1465 · .json · Public domain