§ 711.6 - General exemption.

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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.

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:

Primarily serves, low- and moderate-income areas;

Is controlled or managed by persons who are members of a minority group or women;

Is a depository institution that has been chartered for less than two years; or

Is deemed to be in “troubled condition” as defined in § 701.14(b)(3) of this chapter.

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.

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§ 711.5 - Small market share exemption.

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§ 711.7 - Change in circumstances.