---
kind: "section"
citation: "12 C.F.R. § 26.6"
title: "12"
number: "26.6"
heading: "General exemption."
url: "https://uscodex.org/cfr/12/26.6"
---

# §26.6. General exemption.

- (a) **Exemption.** The OCC may by order issued following receipt of an application, exempt an interlock from the prohibitions in [§ 26.3](/cfr/12/26.3.md) if the OCC finds that the interlock would not result in a monopoly or substantial lessening of competition and would not present safety and soundness concerns.
- (b) **Presumptions.** In reviewing an application for an exemption under this section, the OCC will apply a rebuttable presumption that an interlock will not result in a monopoly or substantial lessening of competition if the depository organization seeking to add a management official:
  - (1) Primarily serves low-and moderate-income areas;
  - (2) Is controlled or managed by persons who are members of a minority group, or women;
  - (3) Is a depository institution that has been chartered for less than two years; or
  - (4) Is deemed to be in “troubled condition” as defined in [12 CFR 5.51(c)(7)](/cfr/12/5.51.md?p=c-7).
- (c) **Duration.**
  - (1) Unless a specific expiration period is provided in the OCC approval, an exemption permitted by [paragraph (a)](#a) of this section may continue so long as it does not result in either:
    - (i) A monopoly or substantial lessening of competition; or
    - (ii) **An unsafe or unsound condition.**
  - (2) If the OCC grants an interlock exemption in reliance upon a presumption under [paragraph (b)](#b) of this section, the interlock may continue for three years, unless otherwise provided by the OCC in writing.

## Notes

### Amendments

[64 FR 51678, Sept. 24, 1999, as amended at 79 FR 28399, May 16, 2014; 85 FR 42642, July 14, 2020]

### Authority

Authority: 12 U.S.C. 1, 93a, 1462a, 1463, 1464, 3201-3208, 5412(b)(2)(B).

### Source

Source: 61 FR 40300, Aug. 2, 1996, unless otherwise noted.

### Amendments

[64 FR 51678, Sept. 24, 1999, as amended at 79 FR 28399, May 16, 2014; 85 FR 42642, July 14, 2020]