§ 2805. — Relation to State laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC2805]
TITLE 12--BANKS AND BANKING
CHAPTER 29--HOME MORTGAGE DISCLOSURE
Sec. 2805. Relation to State laws
(a) This chapter does not annul, alter, or affect, or exempt any
State chartered depository institution subject to the provisions of this
chapter from complying with the laws of any State or subdivision thereof
with respect to public disclosure and recordkeeping by depositor
institutions, except to the extent that those laws are inconsistent with
any provision of this chapter, and then only to the extent of the
inconsistency. The Board is authorized to determine whether such
inconsistencies exist. The Board may not determine that any such law is
inconsistent with any provision of this chapter if the Board determines
that such law requires the maintenance of records with greater
geographic or other detail than is required under this chapter, or that
such law otherwise provides greater disclosure than is required under
this chapter.
(b) The Board may by regulation exempt from the requirements of this
chapter any State chartered depository institution within any State or
subdivision thereof if it determines that, under the law of such State
or subdivision, that institution is subject to requirements
substantially similar to those imposed under this chapter, and that such
law contains adequate provisions for enforcement. Notwithstanding any
other provision of this subsection, compliance with the requirements
imposed under this subsection shall be enforced under--
(1) section 1818 of this title in the case of national banks, by
the Comptroller of the Currency; and
(2) section 1818 of this title, by the Director of the Office of
Thrift Supervision in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance Corporation.
(Pub. L. 94-200, title III, Sec. 306, Dec. 31, 1975, 89 Stat. 1127; Pub.
L. 100-628, title X, Sec. 1087(b), Nov. 7, 1988, 102 Stat. 3280; Pub. L.
101-73, title VII, Sec. 744(p)(2), Aug. 9, 1989, 103 Stat. 440.)
Amendments
1989--Subsec. (b)(2). Pub. L. 101-73 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ``section 1464(d) of this
title in the case of any institution subject to that provision, by the
Federal Home Loan Bank Board.''
1988--Subsec. (b)(1), (2). Pub. L. 100-628 substituted ``section''
for ``Section''.
Section Referred to in Other Sections
This section is referred to in sections 2803, 2809, 2810 of this
title.