as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to commerce; prohibiting financial institutions from imposing a service
charge to cash certain checks; amending Minnesota Statutes 2006, section
48.512, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2006, section 48.512, subdivision 7, is amended to read:
(a) The establishment of transaction account service charges and the amounts of
the charges not otherwise limited or prescribed by law or rule is a business decision to
be made by each financial intermediary according to sound business judgment and safe,
sound financial institution operational standards. In establishing transaction account
service charges, the financial intermediary may consider, but is not limited to considering:
(1) costs incurred by the institution, plus a profit margin, in providing the service;
(2) the deterrence of misuse by customers of financial institution services;
(3) the establishment of the competitive position of the financial institution in
accordance with the institution's marketing strategy; and
(4) maintenance of the safety and soundness of the institution.
(b) Transaction account service charges must be reasonable in relation to these
considerations and should be arrived at by each financial intermediary on a competitive
basis and not on the basis of any agreement, arrangement, undertaking, or discussion with
other financial intermediaries or their officers.
(c) A financial intermediary may not impose a service charge in excess of $4 for a
dishonored check on any person other than the issuer of the check.
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