(a) The OTS has not preempted the following types of state law, to the extent that the law only incidentally affects your deposit-related activities or is otherwise consistent with the purposes of Sec. 557.11:
(1) Contract and commercial law;
(2) Tort law; and
(3) Criminal law.
(b) The OTS will not preempt any other state law if the OTS, upon review, finds that the law:
(1) Furthers a vital state interest; and
(2) Either only incidentally affects your deposit-related activities or is not otherwise contrary to the purposes expressed in Sec. 557.11.