Home / Agencies / Treasury / 2026-10037
Final Rule

Preemption Determination: State Interest-on-Escrow Laws

Agency
Treasury
Document Number
2026-10037
Published
May 19, 2026
Effective Date
June 18, 2026

Abstract

The OCC is issuing a preemption determination concluding that Federal law preempts State laws that restrict OCC-regulated banks' flexibility to decide whether and to what extent to pay interest or other compensation on funds placed in real estate escrow accounts; or assess fees in connection with such accounts. This preemption determination will provide much-needed clarity to banks and other stakeholders.

Federal Register Source

This document is published by the Office of the Federal Register, National Archives and Records Administration. Access the full regulatory text, preamble, and docket comments below.

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Frequently Asked Questions

What is the 2026-10037 Federal Register document?
Document 2026-10037 is a Final Rule published by the Department of the Treasury in the Federal Register on May 19, 2026, with an effective date of June 18, 2026. The OCC is issuing a preemption determination concluding that Federal law preempts State laws that restrict OCC-regulated banks' flexibility to decide whether and to what extent to pay interest or other compensation on funds placed in real estate escrow accounts; or assess fees in connection with such accounts. This preemption determination will provide much-needed clarity to banks and other stakeholders. View the original at https://www.federalregister.gov/documents/2026/05/19/2026-10037/preemption-determination-state-interest-on-escrow-laws.
Is document 2026-10037 an economically significant rule?
No. Document 2026-10037 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.

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