---
kind: "section"
citation: "12 C.F.R. § 238.7"
title: "12"
number: "238.7"
heading: "Tying restriction exception."
url: "https://uscodex.org/cfr/12/238.7"
---

# §238.7. Tying restriction exception.

- (a) **Safe harbor for combined-balance discounts.** A savings and loan holding company or any savings association or any affiliate of either may vary the consideration for any product or package of products based on a customer's maintaining a combined minimum balance in certain products specified by the company varying the consideration (eligible products), if:
  - (1) That company (if it is a savings association) or a savings association affiliate of that company (if it is not a savings association) offers deposits, and all such deposits are eligible products; and
  - (2) **Balances in deposits count at least as much as non-deposit products toward the minimum balance.**
- (b) **Limitations on exception.** This exception shall terminate upon a finding by the Board that the arrangement is resulting in anti-competitive practices. The eligibility of a savings and loan holding company or savings association or affiliate of either to operate under this exception shall terminate upon a finding by the Board that its exercise of this authority is resulting in anti-competitive practices.

## Notes

### Authority

Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462, 1462a, 1463, 1464, 1467, 1467a, 1468, 5365; 1813, 1817, 1829e, 1831i, 1972, 15 U.S.C. 78 l.

### Source

Source: Reg. LL, 76 FR 56532, Sept. 13, 2011, unless otherwise noted.