12 CFR § 1209.73 - Conflicts of interest.

---
identifier: "/us/cfr/t12/s1209.73"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 1209.73 - Conflicts of interest."
title_number: 12
title_name: "Banks and Banking"
section_number: "1209.73"
section_name: "Conflicts of interest."
chapter_name: "FEDERAL HOUSING FINANCE AGENCY"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND OPERATIONS"
part_number: "1209"
part_name: "RULES OF PRACTICE AND PROCEDURE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 554, 556, 557, and 701  12 U.S.C. 1430c(d); 12 U.S.C. 4501, 4502, 4503, 4511, 4513, 4513b, 4517, 4526, 4566(c)(1) and (c)(7), 4581-4588, 4631-4641; and 28 U.S.C. 2461 note."
regulatory_source: "76 FR 53607, Aug. 26, 2011, unless otherwise noted."
cfr_part: "1209"
---


# 1209.73 Conflicts of interest.

(a) *Conflict of interest in representation.* No representative shall represent another person in an adjudicatory proceeding if it reasonably appears that such representation may be limited materially by that representative's responsibilities to a third person or by that representative's own interests. The presiding officer 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 or other representative 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, that representative must certify in writing at the time of filing the notice of appearance required by § 1209.72 of this part as follows:

(1) That the representative has personally and fully discussed the possibility of conflicts of interest with each affected party and non-party; and

(2) That each affected 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.