---
kind: "section"
citation: "12 C.F.R. § 747.8"
title: "12"
number: "747.8"
heading: "Conflicts of interest."
url: "https://uscodex.org/cfr/12/747.8"
---

# §747.8. 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 [§ 747.6(a)](/cfr/12/747.6.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 89962, Dec. 28, 2023, unless otherwise noted.

### Authority

Authority: 12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a, 1790d; 15 U.S.C. 1639e; 42 U.S.C. 4012a; Pub. L. 101-410; Pub. L. 104-134; Pub. L. 109-351; Pub. L. 114-74.

### Source

Source: 56 FR 37767, Aug. 8, 1991, unless otherwise noted.