1. (a) Definition. For the purposes of this section:

   Charge means to directly or indirectly, through intermediaries, partners, payment networks, interchanges, or other third parties, assess, collect, impose, levy, receive, reserve, take, or otherwise obtain, including through a fee sharing or similar economic relationship.

2. (b) Authority to impose charges and fees. A national bank may charge non-interest charges and fees, including deposit account service charges and interchange fees from credit and debit card operations.

3. (c) Considerations.

   1. (1) Business decisions regarding non-interest charges and fees permitted under this section should be arrived at by each national bank on a competitive basis and not on the basis of any agreement, arrangement, undertaking, understanding, or discussion with other banks or their officers.

   2. (2) Decisions regarding charging non-interest charges and fees, including their amounts, the method of calculating them, whether to enter into business relationships or lines of business, and whether they are set by or in consultation with third parties, are business decisions to be made by each national bank, in its discretion, according to sound banking judgment and safe and sound banking principles. A national bank establishes non-interest charges and fees in accordance with safe and sound banking principles if it employs a decision-making process through which it considers the following factors, among others:

      1. (i) The cost incurred by the national bank in providing the service;
      2. (ii) The deterrence of misuse by customers of banking services;
      3. (iii) The enhancement of the competitive position of the national bank in accordance with its business plan and marketing strategy;
      4. (iv) The use of third parties to provide or facilitate the provision of a product or service; and
      5. (v) The maintenance of the safety and soundness of the national bank.
4. (d) Interest. Charges and fees that are “interest” within the meaning of 12 U.S.C. 85 are governed by § 7.4001 and not by this section.
5. (e) State law. The OCC applies preemption principles derived from the United States Constitution, as interpreted through judicial precedent, when determining whether State laws apply that purport to limit or prohibit charges and fees described in this section.
6. (f) National bank as fiduciary. This section does not apply to charges imposed by a national bank in its capacity as a fiduciary, which are governed by 12 CFR part 9.

[66 FR 34791, July 2, 2001, as amended at 91 FR 22995, Apr. 29, 2026]