Current through November 30, 2024
Section 163.201 - Corporate opportunity(a) If you are a director or officer of a Federal savings association, or have the power to direct its management or policies, or otherwise owe a fiduciary duty to a Federal savings association, you must not take advantage of corporate opportunities belonging to the savings association.(b) A corporate opportunity belongs to a Federal savings association if:(1) The opportunity is within the corporate powers of the savings association or a subsidiary of the savings association; and(2) The opportunity is of present or potential practical advantage to the savings association, either directly or through its subsidiary.(c) The OCC will not deem you to have taken advantage of a corporate opportunity belonging to the Federal savings association if a disinterested and independent majority of the savings association's board of directors, after receiving a full and fair presentation of the matter, rejected the opportunity as a matter of sound business judgment.