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DIDMCA Interest Rate Opt-Out Challenges
Position Summary
The central question in National Association of Industrial Bankers v. Weiser is how to interpret where a loan is “made” under Section 525 of the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”) when the lender and borrower are in different states. Sections 521-523 of DIDMCA extend national bank-like interest rate exportation powers to FDIC-insured, state-chartered banks when lending across state lines. Section 525, however, provides states with the option to opt-out of these provisions with respect to loans “made” within their borders.