Skip to main content
 

12 CFR 563f.6 - General exemption.

§ 563f.6
General exemption.
(a) Exemption. The OTS may by agency order exempt an interlock from the prohibitions in § 563f.3 if the OTS finds that the interlock would not result in a monopoly or substantial lessening of competition and would not present safety and soundness concerns. A depository organization may apply to OTS for an exemption under part 516, subpart E, of this chapter.
(b) Presumptions. In reviewing an application for an exemption under this section, the OTS will apply a rebuttable presumption that an interlock will not result in a monopoly or substantial lessening of competition if the depository organization seeking to add a management official:
(1) Primarily serves low- and moderate-income areas;
(2) Is controlled or managed by persons who are members of a minority group, or women;
(3) Is a depository institution that or has been chartered for less than two years; or
(4) Is deemed to be in “troubled condition” as defined in § 563.555 of this chapter.
(c) Duration. Unless a shorter expiration period is provided in the OTS approval, an exemption permitted by paragraph (a) of this section may continue so long as it does not result in a monopoly or substantial lessening of competition, or is unsafe or unsound. If the OTS grants an interlock exemption in reliance upon a presumption under paragraph (b) of this section, the interlock may continue for three years, unless otherwise provided by the OTS in writing.
[64 FR 51680, Sept. 24, 1999, as amended at 66 FR 13009, Mar. 2, 2001]

Title 12 published on 2012-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 12 - BANKS AND BANKING

§ 3201 - Definitions

§ 3202 - Dual service of management official as management official of unaffiliated institution or holding company in same area, town, or village prohibited

§ 3203 - Dual service of management official of $2,500,000,000 institution or holding company as management official of unaffiliated $1,500,000,000 institution or holding company prohibited

§ 3204 - Exceptions

§ 3205 - Management official in position prior to November 10, 1978

§ 3206 - Administration and enforcement

§ 3207 - Rules and regulations

§ 3208 - Powers available to Attorney General for enforcement