...through the "incidental banking clause" of the National Bank Act. 116 S. Ct. 1103 (1996). 12U.SC § 92. I. The Current Need for Clarification In March 1996,...State laws and regulations that do not actually or constructively -- that is. directly or indirectly - prohibit such affiliations cannot be deemed to...

..."incidental banking clause" of the National Bank Act. 1i 116 S. Ct. 1103 (1996). v 12 USC § 92. -2I. The Current Need for Clarification In March 1996,...State laws and regulations that do not actually or constructively -- that is. directly or indirectly -- prohibit such affiliations cannot be deemed to...

...Supreme Court's central holding was that Section 92 preempts state laws that prohibit "small-town" national banks from selling insurance, pursuant to...with the national bank's exercise of its powers." 3 Permitting affiliations would, of course, make clear that States may not prevent affiliations but...

...rendering this decision, however, the Supreme Court also acknowledged that "ftlo say this" — to say mat Section 92 preempts state laws that would otherwise...with the national bank's exercise of its powers." 3 Permitting affiliations would, of course, make clear that States may not prevent affiliations but...

...the exercise of a power that Congress explicitly granted. To say this is not to deprive States of the power to regulate national banks, where (unlike here)...interfere with the national bank's exercise of its powers. (Barnett at 1996 US LEXIS *14,15). Officials from the OCC have previously suggested that other cases...

...the exercise of a power that Congress explicitly granted. To say this is not to deprive States of the power to regulate national banks, where (unlike here)...interfere with the national bank's exercise of its powers. (Barnett at 1996 US LEXIS *14,15). Officials from the OCC have previously suggested that other cases...

...the exercise of a power that Congress explicitly granted. To say this is not to deprive States of the power to regulate national banks, where (unlike here)...interfere with the national bank's exercise of its powers. (Barnett at 1996 US LEXIS *14,15). Officials from the OCC have previously suggested that other cases...

...Barnett court made it clear that states are not deprived of the power to regulate national banks where doing so "does not prevent or significantly interfere...with the national bank's exercise of its powers." 116 Sup. Ct. At 1009. (Emphasis added). The Barnett standard recognizes the historical role of insurance...

...exist at the federal level and no federal regulator has expertise in this arena. ///. What Is At Stake In March 1996, the Supreme Court issued its decision...interfere with the national bank's exercise of its powers. 6 The OCC has ceased upon this standard as a potential mechanism for disrupting and potentially eliminating...

...authority. In the course of rendering this decision, however, the Supreme Court also acknowledged that "[tlo say this" -- to say that Section 92 preempts State...that State laws and regulations that do not actually of constructively that is, directly or indirectly -- prohibit such affiliations cannot be deemed to...