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Jane T (LLC)
Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience:  Worked in corporation's law department; business formations, formalities, and other business matters
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What is the arizona state law that requires businesses to obtain

Resolved Question:

What is the arizona state law that requires businesses to obtain licenses
Submitted: 8 years ago.
Category: Business Law
Expert:  Jane T (LLC) replied 8 years ago.



You are asking about state licensing but you mention a "national bank" - please indicate what you want, in more detail? What are you trying to find out?



Customer: replied 8 years ago.
I am trying to find out the arizona state law that requires businesses to obtain a license in order to conduct business in arizona
Expert:  Jane T (LLC) replied 8 years ago.

Dear pmquerrero,


Yes, but you seem to be asking about what STATE law allows a "national bank" to operate in a state?


I need to get that clarifed as there are different laws for different business types.


Customer: replied 8 years ago.

Yes, I guess that is what i am asking. What arizona state law, if any allows Discover to operate in Arizona when it is operating as a national banking association, when in fact it is a state chartered bank licensed only in the state of Delaware.

Expert:  Jane T (LLC) replied 8 years ago.



National banks are given the power to operate in all states by federal law, in particular the United States Code, Title 12 (see here) and the United States Constitution which makes federal law supreme to state law (the Supremacy Clause). In effect, this means that when a bank is properly registered as a "national bank" with the Office of the Comptroller of the Currency (see here), the Office of Thrift Supervision (see here), or any other federal licensing body it operates under federal law and no (or actually only a very limited number) of state laws, such as those which require licensing or registration to operate in a state, have any effect on its power to do business in a state and federal courts have determined that national banks do NOT have to register with states nor obtain any kind of state approval to conduct business in a state because that would be unconstitutional under the Supremacy Clause. A national bank may have a state headquarters and incorporation (normally DE and ND are popular states to incorporate in), but national bank licensing is obtained independently, from a federal government agency, such as thos discussed above, and it is that federal licensing which allows a national bank to do business in various state wihtout registering in those states. A call to any state banking agency can help explain and reveal what licensing any type of bank, depositor, or lender has or needs to have in order to legally operate in a state.







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