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12 U.S.C. § 85Rate of interest on loans, discounts and purchases

submitted 93 years ago by Pub. L. 93-501 to r/title-12-BANKS-AND-BANKING · 335 words · no verdicts yet

in plain englishAI-generated · not legal advice

National banks can charge interest at whatever rate their state allows, or 1% above the regional Federal Reserve discount rate, whichever is higher. If a state sets no rate, the cap is 7%, or 1% above the Fed rate, whichever is higher. Overseas branches follow local interest-rate rules instead.

A national bank can charge interest on loans, discounts, or debts at whichever is higher: (1) the rate allowed under the law of the state, territory, or district where the bank sits, or (2) 1 percentage point above the discount rate on 90-day commercial paper at that region's Federal Reserve bank — and no more. Exception: if a state sets a different rate limit for its own state-chartered banks, national banks organized under the old "title 62 of the Revised Statutes" get that same limit in that state. If the state, territory, or district has set no rate at all, the bank can charge up to 7%, or 1 point above the regional Federal Reserve discount rate, whichever is higher. Interest can be taken in advance, counted for however many days the note has left to run. For a branch located outside the U.S. states and the District of Columbia, the maximum rate is whatever the local country, territory, or jurisdiction where that branch sits allows. Buying, discounting, or selling a genuine bill of exchange payable somewhere else, at no more than the going exchange rate for sight drafts plus interest, does not count as charging excess interest.
the actual law source: uscode.house.gov ↗public domain

Any association may take, receive, reserve, and charge on any loan or discount made, or upon any notes, bills of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State, Territory, or District where the bank is located, or at a rate of 1 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal reserve bank in the Federal reserve district where the bank is located, whichever may be the greater, and no more, except that where by the laws of any State a different rate is limited for banks organized under State laws, the rate so limited shall be allowed for associations organized or existing in any such State under title 62 of the Revised Statutes. When no rate is fixed by the laws of the State, or Territory, or District, the bank may take, receive, reserve, or charge a rate not exceeding 7 per centum, or 1 per centum in excess of the discount rate on ninety day commercial paper in effect at the Federal reserve bank in the Federal reserve district where the bank is located, whichever may be the greater, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run. The maximum amount of interest or discount to be charged at a branch of an association located outside of the States of the United States and the District of Columbia shall be at the rate allowed by the laws of the country, territory, dependency, province, dominion, insular possession, or other political subdivision where the branch is located. And the purchase, discount, or sale of a bona fide bill of exchange, payable at another place than the place of such purchase, discount, or sale, at not more than the current rate of exchange for sight drafts in addition to the interest, shall not be considered as taking or receiving a greater rate of interest.

Source credit: (R.S. § 5197; June 16, 1933, ch. 89, § 25, 48 Stat. 191; Aug. 23, 1935, ch. 614, title III, § 314, 49 Stat. 711; Pub. L. 93–501, title II, § 201, Oct. 29, 1974, 88 Stat. 1558; Pub. L. 96–104, title I, § 101, Nov. 5, 1979, 93 Stat. 789; Pub. L. 96–161, title II, § 201, Dec. 28, 1979, 93 Stat. 1235; Pub. L. 96–221, title V, § 529, Mar. 31, 1980, 94 Stat. 168.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of June 16, 1933, ch. 89 · 48 Stat. 191
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 711
  • 1974Amended · Pub. L. 93-501 · 88 Stat. 1558
  • 1979Amended · Pub. L. 96-104 · 93 Stat. 789
  • 1979Amended · Pub. L. 96-161 · 93 Stat. 1235
  • 1980Amended · Pub. L. 96-221 · 94 Stat. 168

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-501 on 1933-06-16.

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