Preemption Determination: State Interest-on-Escrow Laws

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Treasury Office of the Comptroller of the Currency 12 CFR Part 34 [Docket ID OCC-2025-0735] RIN 1557-AF45 AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: The OCC is proposing to issue a preemption determination concluding that federal law preempts state laws that eliminate OCC-regulated banks' flexibility to decide whether and to what extent to (1) pay interest or other compensation on funds placed in real estate escrow accounts; or (2) assess fees in connection with such accounts. This preemption determination would provide much needed clarity to banks and other stakeholders. DATES: Comments must be received on or before January 29, 2026. ADDRESSES: Commenters are encouraged to submit comments through the Federal eRulemaking Portal. Please use the title “Preemption Determination: State Interest-on-Escrow Laws” to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods: Federal eRulemaking Portal—Regulations.gov: Go to https://regulations.gov/​ . Enter “Docket ID OCC-2025-0735” in the Search Box and click “Search.” Public comments can be submitted via the “Comment” box below the displayed document information or by clicking on the document title and then clicking the “Comment” box on the top-left side of the screen. For help with submitting effective comments, …