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§711.6. General exemption.

12 C.F.R. § 711.6

(a)
Exemption. NCUA may, by agency order issued following receipt of an application, exempt an interlock from the prohibitions in § 711.3, if NCUA finds that the interlock would not result in a monopoly or substantial lessening of competition, and would not present other safety and soundness concerns.
(b)
Presumptions. In reviewing applications for an exemption under this section, NCUA 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 § 701.14(b)(3) of this chapter.
(c)
Duration. Unless a shorter expiration period is provided in the NCUA approval, an exemption permitted by paragraph (a) of this section may continue so long as it would not result in a monopoly or substantial lessening of competition, or be unsafe or unsound. If the NCUA grants an interlock exemption in reliance upon a presumption under paragraph (b) of this section, the interlock may continue for three years, unless otherwise provided in the approval.
Notes, amendments, and revision history

Amendments

[64 FR 66360, Nov. 26, 1999]

Authority

Authority: 12 U.S.C. 1757 and 3201-3208.

Source

Source: 61 FR 50702, Sept. 27, 1996, unless otherwise noted.

Amendments

[64 FR 66360, Nov. 26, 1999]