---
kind: "section"
citation: "12 C.F.R. § 263.8"
title: "12"
number: "263.8"
heading: "Conflicts of interest."
url: "https://uscodex.org/cfr/12/263.8"
---

# §263.8. Conflicts of interest.

- (a) **Conflict of interest in representation.** No person may appear as counsel for another person in an adjudicatory proceeding if it reasonably appears that such representation may be materially limited by that counsel's responsibilities to a third person or by the counsel's own interests. The ALJ 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 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, counsel must certify in writing at the time of filing the notice of appearance required by [§ 263.6(a)](/cfr/12/263.6.md?p=a):
  - (1) That the counsel has personally and fully discussed the possibility of conflicts of interest with each such party and non-party; and
  - (2) That each such 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

### Source

Source: 88 FR 89909, Dec. 28, 2023, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 248, 324, 334, 347a, 504, 505, 1464, 1467, 1467a, 1817(j), 1818, 1820(k), 1829, 1831o, 1831p-1, 1832(c), 1847(b), 1847(d), 1884, 1972(2)(F), 3105, 3108, 3110, 3349, 3907, 3909(d), 4717, 5323, 5362, 5365, 5463, 5464, 5466, 5467; 15 U.S.C. 21, 78l(i), 78o-4, 78o-5, 78u-2; 1639e(K); 28 U.S.C. 2461 note; 31 U.S.C. 5321; and 42 U.S.C. 4012a.

### Source

Source: 56 FR 38052, Aug. 9, 1991, unless otherwise noted.