---
kind: "section"
citation: "12 C.F.R. § 1081.109"
title: "12"
number: "1081.109"
heading: "Conflict of interest."
url: "https://uscodex.org/cfr/12/1081.109"
---

# §1081.109. Conflict of interest.

- (a) **Conflict of interest in representation.** No person shall appear as counsel for another person in an adjudication proceeding if it reasonably appears that such representation may be materially limited by that counsel's responsibilities to a third person or by the counsel's own interests. The hearing officer may take corrective measures at any stage of a proceeding to cure a conflict of interest in representation, including the issuance of an order limiting the scope of representation or disqualifying an individual from appearing in a representative capacity for the duration of the proceeding.
- (b) **Certification and waiver.** If any person appearing as counsel represents two or more parties to an adjudication proceeding or also represents a non-party on a matter relevant to an issue in the proceeding, counsel must certify in writing at the time of filing the notice of appearance required by [§ 1081.107(a)(3)](/cfr/12/1081.107.md?p=a-3):
  - (1) That the counsel has personally and fully discussed the possibility of conflicts of interest with each such party and non-party; and
  - (2) That each such party and/or non-party waives any right it might otherwise have had to assert any known conflicts of interest or to assert any conflicts of interest during the course of the proceeding.

## Notes

### Authority

Authority: 12 U.S.C. 5512(b)(1), 5563(e).

### Source

Source: 90 FR 48740, Oct. 29, 2025, unless otherwise noted.