§ 348.4 Interlocking relationships permitted by statute. The prohibitions of § 348.3 do not apply in the case of any one or more of the following organizations or to a subsidiary thereof: ( a ) A depository organization that has been placed formally in liquidation, or which is in the hands of a receiver, conservator, or other official exercising a similar function;
( b ) A corporation operating under section 25 or section 25A of the Federal Reserve Act (12 U.S.C. 601 *et seq.* and 12 U.S.C. 611 *et seq.,* respectively) (Edge Corporations and Agreement Corporations);
( c ) A credit union being served by a management official of another credit union;
( d ) A depository organization that does not do business within the United States except as an incident to its activities outside the United States;
( e ) A State-chartered savings and loan guaranty corporation;
( f ) A Federal Home Loan bank or any other bank organized solely to serve depository institutions (a bankers' bank) or solely for the purpose of providing securities clearing services and services related thereto for depository institutions and securities companies;
( g ) A depository organization that is closed or is in danger of closing as determined by the appropriate Federal depository institutions regulatory agency and is acquired by another depository organization. This exemption lasts for five years, beginning on the date the depository organization is acquired;
( h ) A savings association whose acquisition has been authorized on an emergency basis in accordance with section 13(k) of the Federal Deposit Insurance Act (12 U.S.C. 1823(k)) with resulting dual service by a management official that would otherwise be prohibited under the Interlocks Act which may continue for up to 10 years from the date of the acquisition provided that the FDIC has given its approval for the continuation of such service;
( i ) ( 1 ) A diversified savings and loan holding company (as defined in section 10(a)(1)(F) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)(1)(F))) with respect to the service of a director of such company who is also a director of an unaffiliated depository organization if: ( i ) Both the diversified savings and loan holding company and the unaffiliated depository organization notify their appropriate Federal depository institutions regulatory agency at least 60 days before the dual service is proposed to begin; and
( ii ) The appropriate regulatory agency does not disapprove the dual service before the end of the 60-day period.
( 2 ) The FDIC may disapprove a notice of proposed service if it finds that: ( i ) The service cannot be structured or limited so as to preclude an anticompetitive effect in financial services in any part of the United States;
( ii ) The service would lead to substantial conflicts of interest or unsafe or unsound practices; or
( iii ) The notificant failed to furnish all the information required by the FDIC.
( 3 ) The FDIC may require that any interlock permitted under this paragraph (i) be terminated if a change in circumstances occurs with respect to one of the interlocked depository organizations that would have provided a basis for disapproval of the interlock during the notice period.
( j ) Any FDIC-supervised institution which is a State savings association that has issued stock in connection with a qualified stock issuance pursuant to section 10(q) of the Home Owners' Loan Act, except that this paragraph (j) shall apply only with regard to service as a single management official of such State savings association or any subsidiary of such State savings association by a single management official of a savings and loan holding company which purchased the stock issued in connection with such qualified stock issuance, and shall apply only when the FDIC has determined that such service is consistent with the purposes of the Interlocks Act and the Home Owners' Loan Act.
[80 FR 79252, Dec. 21, 2015, as amended at 84 FR 2706, Feb. 8, 2019]