Regulations last checked for updates: Jun 01, 2024

Title 12 - Banks and Banking last revised: May 20, 2024
§ 19.195 - Incompetence.

Incompetence in the representation of a client's rights and interests in a significant matter before the OCC is grounds for suspension or debarment. The term “incompetence” encompasses conduct that reflects a lack of the knowledge, judgment, and skill that a professional would ordinarily and reasonably be expected to exercise in adequately representing the rights and interests of a client. Such conduct includes, but is not limited to:

(a) Handling a matter that the individual knows or should know that they are not competent to handle, without associating with a professional who is competent to handle such matter;

(b) Handling a matter without adequate preparation under the circumstances; or

(c) Neglect in a matter entrusted to him or her.

authority: 5 U.S.C. 504,554; 12 U.S.C. 93,93a,161,164,481,504,1462a,1463,1464; 1467(d), 1467a(r), 1817(j), 1818, 1820, 1831m, 1831o, 1832, 1884, 1972, 3102, 3108, 3110, 3349, 3909, 4717, and 5412(b)(2)(B); 15 U.S.C. 78
source: 88 FR 89842, Dec. 28, 2023, unless otherwise noted.
cite as: 12 CFR 19.195