---
kind: "section"
citation: "12 C.F.R. § 1209.73"
title: "12"
number: "1209.73"
heading: "Conflicts of interest."
url: "https://uscodex.org/cfr/12/1209.73"
---

# §1209.73. Conflicts of interest.

- (a) **Conflict of interest in representation.** No representative shall represent another person in an adjudicatory proceeding if it reasonably appears that such representation may be limited materially by that representative's responsibilities to a third person or by that representative's own interests. The presiding 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 or other representative represents two or more parties to an adjudicatory proceeding, or also represents a non-party on a matter relevant to an issue in the proceeding, that representative must certify in writing at the time of filing the notice of appearance required by [§ 1209.72](/cfr/12/1209.72.md) of this part as follows:
  - (1) That the representative has personally and fully discussed the possibility of conflicts of interest with each affected party and non-party; and
  - (2) That each affected party and non-party waives any right it might otherwise have had to assert any known conflicts of interest or to assert any non-material conflicts of interest during the course of the proceeding.

## Notes

### Authority

Authority: 5 U.S.C. 554, 556, 557, and 701 et seq.; 12 U.S.C. 1430c(d); 12 U.S.C. 4501, 4502, 4503, 4511, 4513, 4513b, 4517, 4526, 4566(c)(1) and (c)(7), 4581-4588, 4631-4641; and 28 U.S.C. 2461 note.

### Source

Source: 76 FR 53607, Aug. 26, 2011, unless otherwise noted.