National Banks and Federal Savings Associations as Lenders

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Under the Congressional Review Act (CRA), Congress has passed and the President has signed a joint resolution disapproving the Office of the Comptroller of the Currency's (OCC) final rule titled "National Banks and Federal Savings Associations as Lenders." This final rule established a test to determine when a national bank or Federal savings association (bank) makes a loan and is the "true lender," including in the context of a relationship between a bank and a third party, such as a marketplace lender. Under the joint resolution and by operation of the CRA, this rule has no legal force or effect. The OCC is hereby removing it from the Code of Federal Regulations.