Section 370.073

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 370

Effective - 28 Aug 2015, 3 histories   

  370.073.  Fee or service charge authorized, when. — 1.  A  credit union may impose fees or service charges on deposit accounts or similar accounts; however, such fees or service charges are subject to such conditions or requirements that may be fixed by regulations pursuant to this chapter by the director of credit union supervision and the credit union commission.  Notwithstanding any law to the contrary, no such condition or requirement shall be more restrictive than the fees or service charges on deposit accounts or similar accounts permitted any federally chartered depository institution and no contractual fee charged for overdrawing the balance of a deposit account shall be deemed interest.

  2.  An agreement to operate or share an automated teller machine shall not prohibit an owner or operator of the automated teller machine from imposing, on an individual who conducts a transaction using a foreign account, an access fee or surcharge that is not otherwise prohibited under federal or state law.

  3.  As used in this section, the following terms mean:

  (1)  "Automated teller machine", any electronic device, wherever located, through which a consumer may initiate an electronic funds transfer or may order, instruct, or authorize a financial institution to debit or credit an account and includes any machine or device which may be used to carry out electronic banking business.  "Automated teller machine" does not include point of sale terminals or telephones or personal computers operated by a consumer;

  (2)  "Foreign account", an account with a financial institution located outside the United States.

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(L. 2003 H.B. 221 § 370.171 merged with S.B. 346 § 370.171, A.L. 2011 H.B. 83, A.L. 2015 S.B. 524)