---
kind: "section"
citation: "12 C.F.R. § 238.87"
title: "12"
number: "238.87"
heading: "Filing procedures."
url: "https://uscodex.org/cfr/12/238.87"
---

# §238.87. Filing procedures.

- (a) **Who may file.**
  - (1) A savings and loan holding company or a person who was convicted of a criminal offense described in [§ 238.84](/cfr/12/238.84.md) or who has agreed to enter into a pre-trial diversion or similar program in connection with a prosecution for such a criminal offense may file an application with the Board seeking an exemption from the prohibitions in this subpart.
  - (2) A savings and loan holding company or a person may seek an exemption only for a designated position (or positions) with respect to a named savings and loan holding company.
  - (3) A savings and loan holding company or a person may not file an application less than one year after the latter of the date of a denial of the same exemption under [§ 238.89(b)](/cfr/12/238.89.md?p=b), [§ 238.90(a)](/cfr/12/238.90.md?p=a) or [§ 238.90(d)](/cfr/12/238.90.md?p=d).
- (b) **Prohibition pending Board action.** Unless a savings and loan holding company or a person is exempt under [§ 238.86(b)](/cfr/12/238.86.md?p=b), the prohibitions in [§ 238.83](/cfr/12/238.83.md) continue to apply pending Board action on the application.

## 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.