National Bank Non-Interest Charges and Fees: Interim Final Rule
Summary
The OCC adopted an interim final rule amending 12 CFR 7.4002 to clarify that national banks have authority to assess, collect, impose, and otherwise obtain non-interest charges and fees, including interchange fees from credit and debit card operations. The rule further specifies that banks may charge such fees even when set by or in consultation with third parties. Comments on all aspects of the interim final rule are due 30 days after Federal Register publication, with the rule effective June 30, 2026.
“The OCC is adopting this interim final rule to clarify that national banks' power to charge non-interest charges and fees includes the power to assess, collect, impose, levy, receive, reserve, take, or otherwise obtain non-interest charges and fees, including interchange fees from credit and debit card operations.”
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What changed
The OCC amended 12 CFR 7.4002 through an interim final rule that explicitly confirms national banks' authority to charge, assess, collect, impose, levy, receive, reserve, take, or otherwise obtain non-interest charges and fees, including interchange fees from credit and debit card transactions. The rule clarifies that this authority extends even when fees are set by or in consultation with third parties, resolving prior ambiguity about third-party fee-setting arrangements.
National banks and federal savings associations should review their current fee structures to ensure alignment with this clarified authority. Institutions that rely on third parties to set or determine interchange or other non-interest fees now have explicit regulatory confirmation that such arrangements are permissible. Community banks with up to $30 billion in assets are subject to this rule and should confirm compliance by the June 30, 2026 effective date.
Archived snapshot
Apr 25, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
OCC Bulletin 2026-18 | April 24, 2026
National Bank Non-Interest Charges and Fees: Interim Final Rule
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Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties
The Office of the Comptroller of the Currency (OCC) is announcing an interim final rule amending its regulation on national bank non-interest charges and fees, 12 CFR 7.4002. Among other things, the interim final rule clarifies national banks’ power 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. Comments on all aspects of the interim final rule are due 30 days after it is published in the Federal Register.
The interim final rule will be effective June 30, 2026.
Note for Community Banks
The interim final rule will apply to all national banks, including national banks that are community banks.
Highlights
- The OCC is adopting this interim final rule to clarify that national banks’ power to charge non-interest charges and fees includes the power to assess, collect, impose, levy, receive, reserve, take, or otherwise obtain non-interest charges and fees, including interchange fees from credit and debit card operations.
- Further, the interim final rule explains that national banks may charge non-interest charges or fees, even when such charges and fees are set by or in consultation with third parties.
Further Information
Please contact Karen McSweeney, Special Counsel; Priscilla Benner, Counsel; or Elizabeth Small, Counsel, Chief Counsel’s Office, at (202) 649-5490.
Will C. Giles
Principal Deputy Chief Counsel
Related Link
- National Bank Non-Interest Charges and Fees: Interim Final Rule (PDF) 1 OCC News Release 2025-89 (September 18, 2025) identifies “community banks” as institutions with up to $30 billion in assets.
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