TITLE: Office of the Comptroller of the Currency Clarifies National Bank Non-Interest Charges and Fees Powers
BODY:
On April 24, 2026, the Office of the Comptroller of the Currency (OCC) announced an interim final rule amending its regulation on national bank non-interest charges and fees under 12 CFR 7.4002. The interim final rule clarifies national banks' authority to charge non-interest fees and charges, including interchange fees from payment card activity, regardless of whether those fees are set by the bank or a third party.
The interim final rule expands the scope of permissible non-interest charges and fees by explicitly stating that national banks may assess, collect, impose, levy, receive, reserve, take, or otherwise obtain such charges and fees. Significantly, the rule clarifies that national banks retain the power to charge non-interest fees even when such charges and fees are set by or in consultation with third parties. This provision addresses the treatment of interchange fees from credit and debit card operations, which may be established through payment networks or other third-party arrangements. The rule applies to all national banks, including those classified as community banks (institutions with up to $30 billion in assets).
The interim final rule will become effective on June 30, 2026. The OCC is accepting comments on all aspects of the interim final rule for 30 days following publication in the Federal Register. For further information, interested parties may contact Karen McSweeney, Special Counsel; Priscilla Benner, Counsel; or Elizabeth Small, Counsel, at the OCC's Chief Counsel's Office at (202) 649-5490.
**Reference:**
OCC Bulletin 2026-18, April 24, 2026