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  • Acts
  • 1997
  • Chapter 178 AN ACT RELATIVE TO DISHONORED CHECK FEES.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Chapter 167D of the General Laws is hereby amended by striking out section 3, as appearing in the 1996 Official Edition, and inserting in place thereof the following section:-

Section 3. A bank may receive demand, time and other types of deposits without limitation; provided, however, that no bank shall assess any fee, charge or other assessment against any account, established for personal, family or household purposes, of a depositor who, as the payee of a check, draft or money order, of which the payee is not also the maker, deposits the same therein and payment on any such instrument is refused by the depository institution upon which it is drawn because of insufficient funds or because the maker thereof did not have an account at such depository institution; provided, further, that a bank may assess a reasonable fee, charge or assessment that represents its direct costs, as established annually by the commissioner of banks, incurred for processing such check, draft or money order.

SECTION 2. Chapter 171 of the General Laws is hereby amended by inserting after section 41 the following section:-

Section 41A. No credit union shall assess any fee, charge or other assessment against any account, established for personal, family or household purposes, of a depositor or shareholder who, as the payee of a check, draft or money order, of which the payee is not also the maker, deposits the same therein and payment on any such instrument is refused by the depository institution upon which it is drawn because of insufficient funds or because the maker thereof did not have an account at such depository institution; provided, however, that a credit union may assess a reasonable fee, charge or assessment that represents its direct costs, as established annually by the commissioner of banks, incurred for processing such check, draft or money order.

Approved November 26, 1997.