---
kind: "section"
citation: "12 C.F.R. § 163.201"
title: "12"
number: "163.201"
heading: "Corporate opportunity."
url: "https://uscodex.org/cfr/12/163.201"
---

# §163.201. Corporate opportunity.

- (a) If you are a director or officer of a Federal savings association, or have the power to direct its management or policies, or otherwise owe a fiduciary duty to a Federal savings association, you must not take advantage of corporate opportunities belonging to the savings association.
- (b) **A corporate opportunity belongs to a Federal savings association if—**
  - (1) The opportunity is within the corporate powers of the savings association or a subsidiary of the savings association; and
  - (2) The opportunity is of present or potential practical advantage to the savings association, either directly or through its subsidiary.
- (c) The OCC will not deem you to have taken advantage of a corporate opportunity belonging to the Federal savings association if a disinterested and independent majority of the savings association's board of directors, after receiving a full and fair presentation of the matter, rejected the opportunity as a matter of sound business judgment.

## Notes

### Authority

Authority: 12 U.S.C. 1, 93a, 1462a, 1463, 1464, 1467a, 1817, 1820, 1828, 1831o, 3806, 5101 et seq., 5412(b)(2)(B); 31 U.S.C. 5318; 42 U.S.C. 4106.

### Source

Source: 76 FR 49047, Aug. 9, 2011, unless otherwise noted.