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- California Financial Code Section 1
This act is known and may be cited as the Financial Code.
- California Financial Code Section 2
The provisions of this code insofar as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed...
- California Financial Code Section 3
Any action or proceeding commenced before this code takes effect, or any right accrued, is not affected by this code, but all procedure taken shall...
- California Financial Code Section 4
Unless the context otherwise requires the general provisions hereinafter set forth govern the construction of this code.
- California Financial Code Section 5
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
- California Financial Code Section 6
Whenever a power is granted to, or a duty imposed on any person or board by any provision of this code, it may be exercised...
- California Financial Code Section 7
Whenever any reference is made to any portion of this code or of any other law, the reference applies to all amendments and additions thereto,...
- California Financial Code Section 8
Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized...
- California Financial Code Section 9
"Section" means a section of this code unless some other statute is specifically mentioned, and "subdivision" means a subdivision of the section in which the...
- California Financial Code Section 10
The present tense includes the past and future tenses; and the future, the present.
- California Financial Code Section 11
The masculine gender includes the feminine and neuter.
- California Financial Code Section 12
The singular number includes the plural and the plural the singular.
- California Financial Code Section 13
"City" includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town.
- California Financial Code Section 14
"County" includes city and county.
- California Financial Code Section 15
"Shall" is mandatory and "may" is permissive.
- California Financial Code Section 16
"Oath" includes affirmation.
- California Financial Code Section 17
"Signature" or "subscription" includes mark. The mark shall be made as required in the Civil Code.
- California Financial Code Section 18
"Person" includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind.
- California Financial Code Section 19
If any provision of this code, or its application to any person or circumstance, is held invalid, the remainder of the code, or the application...
- California Financial Code Section 20
The existence of corporations formed or existing on the date this code takes effect is not affected by the enactment of this code nor by...
- California Financial Code Section 21
All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are...
- California Financial Code Section 22
Notwithstanding any other provision of this code, Chapter 10 (commencing with Section 10000) of Division 2 shall be known and may be cited as the...
- California Financial Code Section 99
This division is known and may be cited as the "Banking Law."
- California Financial Code Section 100
This division is applicable to the following: (a) All corporations engaging in commercial banking, industrial banking, or the trust business. (b) All national banking associations...
- California Financial Code Section 100.5
If and to the extent that any provision of this division is preempted by federal law, the provision does not apply and shall not be
- California Financial Code Section 101
All provisions of law applicable to corporations generally (including, but not limited to, the General Corporation Law (Division 1 (commencing with Section 100), Title 1...
- California Financial Code Section 102
The word "bank" as used in this division means any incorporated banking institution that shall have been incorporated to engage in commercial banking business, industrial...
- California Financial Code Section 103
Banks are divided into the following classes: (a) Commercial banks. (b) Industrial banks. (c) Trust companies.
- California Financial Code Section 105
"Commercial bank" means a corporation organized for the purpose of engaging in the commercial banking business.
- California Financial Code Section 105.2
"Commercial banking business" includes, but is not limited to, the business of soliciting, receiving, or accepting of money or its equivalent on deposit as a...
- California Financial Code Section 105.5
"Industrial bank" means a corporation organized for the purpose of engaging in the industrial banking business.
- California Financial Code Section 105.7
"Industrial banking business" includes the making of loans and acceptance of deposits, including deposits evidenced by investment or thrift certificates, but excluding demand deposits.
- California Financial Code Section 106
"Trust business" means the business of acting as executor, administrator, guardian or conservator of estates, assignee, receiver, depositary or trustee under the appointment of any...
- California Financial Code Section 107
"Trust company" means a corporation, industrial bank, or a commercial bank that is authorized to engage in the trust business.
- California Financial Code Section 107.5
It shall be unlawful for any person, corporation, limited liability company, partnership, firm, or any other form of business entity allowed by law, to engage...
- California Financial Code Section 109
"Bank" or "banks" includes commercial banks, industrial banks, and trust companies unless the context otherwise requires. However, "bank" does not include a savings association or...
- California Financial Code Section 110
"Office" includes head office, branch office, and any other authorized place of business of a bank. "Head office" means the principal place of business of...
- California Financial Code Section 111
"Real property" and "personal property" have the meanings defined in and shall be construed in accordance with Title 1, Part 1, Division 2, Civil Code...
- California Financial Code Section 112
"Commissioner" means the Commissioner of Financial Institutions and "department" means the Department of Financial Institutions.
- California Financial Code Section 113
"Person" means an individual, sole proprietorship, partnership, joint venture, association, trust, estate, business trust, corporation, limited liability company, sovereign government or agency, instrumentality, or political...
- California Financial Code Section 115
Unless the provision or the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
- California Financial Code Section 116
No corporation shall hereafter be organized under the laws of this state to transact the business of a commercial bank, industrial bank, or trust company...
- California Financial Code Section 117
Neither the enactment of this code nor the amendment or repeal thereof nor the repeal of any statute affected thereby shall take away or impair...
- California Financial Code Section 118
(a) All references in this division and in Division 1 (commencing with Section 100), Title 1 of the Corporations Code to financial statements, balance sheets,...
- California Financial Code Section 119
References in this division to the voting of shares shall be construed in accordance with Section 111 of the Corporations Code.
- California Financial Code Section 120
If the articles of a bank provide for more or less than one vote for any share on any matter, the references in Sections 123...
- California Financial Code Section 121
Any requirement in this division for a vote of each class of outstanding shares shall be construed in accordance with Section 117 of the Corporations
- California Financial Code Section 122
"Approved by (or approval of) the board" means approved or ratified by the vote of the board or by the vote of a committee authorized...
- California Financial Code Section 123
"Approved by (or approval of) the outstanding shares" has the meaning set forth in Section 152 of the Corporations Code and shall include approval by...
- California Financial Code Section 124
"Approved by (or approval of) the shareholders" has the meaning set forth in Section 153 of the Corporations Code and shall include approval or ratification...
- California Financial Code Section 125
"Articles" has the meaning set forth in Section 154 of the Corporations Code.
- California Financial Code Section 126
"Board" has the meaning set forth in Section 155 of the Corporations Code.
- California Financial Code Section 126.5
"California" means: (a) When used with respect to a bank, in the case of a state bank, a bank that is organized under the laws...
- California Financial Code Section 127
"Certificate of correction" means a certificate executed and filed with the Secretary of State pursuant to Section 109 of the Corporations Code, subject, however, to...
- California Financial Code Section 128
"Certificate of determination" has the meaning set forth in Section 156 of the Corporations Code, subject, however, to the provisions of Section 600.8.
- California Financial Code Section 129
"Certificate of revocation" means a certificate executed and filed with the Secretary of State pursuant to the second and third sentences of subdivision (c) of...
- California Financial Code Section 130
"Common shares" has the meaning set forth in Section 159 of the Corporations Code.
- California Financial Code Section 132
"Constituent corporation," when used with respect to a corporation: (a) In the case of a merger, has the meaning set forth in Section 161 of...
- California Financial Code Section 134
"Contributed capital" means all of shareholders' equity other than retained earnings. However, nothing in this section shall prohibit a bank from transferring amounts from time...
- California Financial Code Section 134.5
"Credit union" means a corporation of the type described in Section 14002 organized under the laws of this state or a corporation of similar type...
- California Financial Code Section 135
"Directors" has the meaning set forth in Section 164 of the Corporations Code.
- California Financial Code Section 137
"Disappearing," when used with respect to a corporation, means a constituent corporation that is not the surviving corporation.
- California Financial Code Section 139
"Distribution to its shareholders" has the meaning set forth in Section 166 of the Corporations Code. However, in Division 1 (commencing with Section 100), Title...
- California Financial Code Section 139.2
(a) "Foreign," when used with respect to a bank, an office of a bank, or any corporation other than a bank, means foreign (other nation)...
- California Financial Code Section 139.3
"Foreign nation" means any nation other than the United States, including, without limitation, any subdivision, territory, trust territory, dependency, colony, or possession of any nation...
- California Financial Code Section 139.4
(a) The definition of "state of the United States" in Section 146.7 does not apply to this section. In this section, "state of the United...
- California Financial Code Section 139.5
"Foreign (other state)": (a) When used with respect to a bank, means a bank that is organized under the laws of any state of the...
- California Financial Code Section 139.7
"Insured:" (a) When used with respect to a bank or an office of a bank, means a bank or office the deposits of which are...
- California Financial Code Section 139.9
"Law of the domicile" means: (a) When used with respect to a national bank, the law of the United States. (b) When used with respect...
- California Financial Code Section 140
"Majority-owned subsidiary" has the meaning set forth for "subsidiary" in subdivision (a) of Section 189 of the Corporations Code.
- California Financial Code Section 140.3
(a) "National bank" or "national banking association" means a national banking association organized under the National Bank Act. (b) For purposes of this division, a...
- California Financial Code Section 140.5
"Officers' certificate" has the meaning set forth in Section 173 of the Corporations Code.
- California Financial Code Section 142
"Resulting," when used with respect to a corporation, means: (a) In the case of a consolidation, the corporation into which the constituent corporations are consolidated....
- California Financial Code Section 143
"Savings association" includes a savings association, a savings and loan association, and a savings bank. However, "savings association" does not include any savings bank of...
- California Financial Code Section 144
"Series," when used with respect to shares, has the meaning set forth in Section 183 of the Corporations Code.
- California Financial Code Section 145
"Shares" has the meaning set forth in Section 184 of the Corporations Code.
- California Financial Code Section 146
"Shareholder" has the meaning set forth in Section 185 of the Corporations Code.
- California Financial Code Section 146.3
"State": (a) When used with respect to a corporation, means a corporation that is organized under the laws of a state of the United States....
- California Financial Code Section 146.7
"State of the United States" means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam,...
- California Financial Code Section 148
"Surviving," when used with respect to a corporation, means a corporation in which one or more other corporations are merged.
- California Financial Code Section 150
"Vote" has the meaning set forth in Section 194 of the Corporations Code.
- California Financial Code Section 151
"Voting power" has the meaning set forth in Section 194.5 of the Corporations Code.
- California Financial Code Section 180
In this chapter, unless the provision or context requires otherwise: (a) "New General Corporation Law" means Division 1 (commencing with Section 100), Title 1 of...
- California Financial Code Section 181
For purposes of Chapter 23 (commencing with Section 2300) of the new General Corporation Law, in the case of any subject institution existing on January...
- California Financial Code Section 182
(a) Sections 600 and 600.2 of the revised Banking Law shall not apply to any subject institution existing on January 1, 1979, unless and until...
- California Financial Code Section 184
In case the board of a subject institution has, prior to January 1, 1979, adopted a resolution levying an assessment on the common shares of...
- California Financial Code Section 185
Article 3 (commencing with Section 640), Chapter 5 of the revised Banking Law applies to any distribution to its shareholders made after January 1, 1979,...
- California Financial Code Section 200
(a) In this section: (1) "Business and industrial development corporation" means a corporation licensed under Division 15 (commencing with Section 31000). (2) "Payment instrument" has...
- California Financial Code Section 210
The chief officer of the Department of Financial Institutions is the Commissioner of Financial Institutions. The Commissioner of Financial Institutions is the head of the...
- California Financial Code Section 210.5
As of the operative date of this section: (a) In this section, "order" means any approval, consent, authorization, exemption, denial, prohibition, requirement, or other administrative...
- California Financial Code Section 211
The commissioner is appointed by the Governor, and holds office at the pleasure of the Governor. The appointment of the commissioner is subject to confirmation...
- California Financial Code Section 212
The commissioner shall be a citizen of the United States and a resident of the state for at least three years prior to his or...
- California Financial Code Section 213
The annual salary of the commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2...
- California Financial Code Section 214
Before entering upon the duties of his or her office, the commissioner shall take and subscribe to the constitutional oath of office and file the...
- California Financial Code Section 215
The commissioner is responsible for the performance of all duties, the exercise of all powers and jurisdiction, and the assumption and discharge of all responsibilities...
- California Financial Code Section 215.5
(a) The commissioner shall apply the Interagency Guidance on Nontraditional Mortgage Product Risks issued in September 2006 and the Statement on Subprime Mortgage Lending issued...
- California Financial Code Section 216
(a) The commissioner may make the agreements that he or she deems necessary or appropriate in exercising his or her powers. (b) (1) The agreements...
- California Financial Code Section 216.3
(a) For purposes of this section, the following definitions apply: (1) "Applicable law" means: (A) With respect to any bank, Division 1.5 (commencing with Section...
- California Financial Code Section 217
The authority vested in the Superintendent of Banks under subdivision (2) of Section 1 of Article XV of the California Constitution is delegated to the
- California Financial Code Section 230
The commissioner shall appoint a chief deputy who holds office at the pleasure of the commissioner. The annual salary of the chief deputy shall be...
- California Financial Code Section 231
The commissioner may employ deputies in addition to the chief deputy, and examiners, appraisers, technical assistants, investigators, administrative assistants, clerks, and other employees that he...
- California Financial Code Section 232
Before entering upon the duties of his office each deputy and examiner shall take and subscribe to the constitutional oath of office and file the...
- California Financial Code Section 233
The commissioner may require, at any time, of any deputy, examiner, or other employee of the department, an official bond in such amount as the...
- California Financial Code Section 234
Neither the commissioner nor any deputy or employee of the department shall do or be any of the following with respect to any bank, savings...
- California Financial Code Section 235
If the commissioner is unable to perform his or her duties for more than 30 consecutive days or if the office of the commissioner becomes...
- California Financial Code Section 250
The commissioner shall have his or her principal office in the City and County of San Francisco and may also have an office in the...
- California Financial Code Section 251
The department may expend moneys in accordance with law for the necessary travel expenses of officers and employees of the department while traveling in the...
- California Financial Code Section 252
The commissioner shall adopt and keep an official seal. Papers executed by the commissioner in his or her official capacity pursuant to law and bearing...
- California Financial Code Section 253
(a) Whenever it is necessary for the commissioner to approve any instrument and to affix his or her official seal thereto, the commissioner shall charge...
- California Financial Code Section 255
Official reports made by the commissioner and verified reports of an examination made by the commissioner, exclusively or in conjunction with or with assistance from...
- California Financial Code Section 258
At least once each month, the commissioner shall issue and disseminate as the commissioner deems appropriate a bulletin containing the following information: (a) Information regarding...
- California Financial Code Section 259
Notwithstanding any other provision of this code, whenever any provision of this division requires the pledge of securities to be deposited with the Treasurer, to...
- California Financial Code Section 260
Whenever the commissioner is notified of or discovers a violation of the state law punishable by criminal penalties, he or she shall promptly advise the...
- California Financial Code Section 261
(a) For the purposes of this section the following definitions shall apply: (1) "Control" has the meaning set forth in subdivision (b) of Section 700....
- California Financial Code Section 262
(a) The commissioner shall inform the Commissioner of Corporations and other appropriate state and federal officials charged with the regulation of financial institutions or securities...
- California Financial Code Section 263
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to hearings conducted...
- California Financial Code Section 265
As of the operative date of this section, there is established a Financial Institutions Fund in the State Treasury. Except as otherwise provided in Division...
- California Financial Code Section 270
(a) The commissioner shall annually collect pro rata from the banks and trust companies under the supervision of the department a fund in amount sufficient...
- California Financial Code Section 271
The commissioner shall annually collect from national banking associations and foreign (other state) banks operating trust departments in this state an annual assessment to meet...
- California Financial Code Section 271.5
Whenever the commissioner makes an assessment pursuant to Section 270 or 271, the commissioner shall fix the date when the assessment is due and payable...
- California Financial Code Section 272
The commissioner, in addition to the annual assessment, shall collect from each bank authorized to engage in the trust business, to defray the cost of...
- California Financial Code Section 273
If any bank or trust company fails to make timely payment of any assessment made pursuant to Section 270, 271, or 272, the commissioner may,...
- California Financial Code Section 273.5
As of the operative date of this section: (a) The State Banking Fund is converted into a separate account in the Financial Institutions Fund and...
- California Financial Code Section 274
Except as otherwise provided in Section 276 or 277, all salaries and other expenses of the department, other than those incurred in administering laws relating...
- California Financial Code Section 275
The commissioner shall deliver all moneys received or collected by the commissioner under Section 270, 271, or 272 or otherwise, other than moneys received or...
- California Financial Code Section 276
(a) In this section, "assessment statute" means any statute that authorizes the commissioner to make or collect an assessment (other than a fine) on financial...
- California Financial Code Section 277
Notwithstanding any other provision of this code or of Section 53667 of the Government Code, the commissioner may, at any time during a fiscal year,...
- California Financial Code Section 350
When authorized by the commissioner as provided in this chapter a corporation may be formed by one or more persons in accordance with the laws...
- California Financial Code Section 351
No bank shall be a close corporation (as defined in Section 158 of the Corporations Code).
- California Financial Code Section 360
The request for authority to organize and establish a corporation to engage in the banking or trust business shall be set forth in an application...
- California Financial Code Section 360.5
Upon receiving a request for an application, the commissioner shall inform the prospective applicant in writing that the commissioner is available to confer with such...
- California Financial Code Section 361
Upon the filing of an application the commissioner shall make or cause to be made a careful investigation and examination relative to the following: (a)...
- California Financial Code Section 362
The commissioner may give or withhold his or her approval of the application in his or her discretion, but he or she shall not approve...
- California Financial Code Section 362.5
(a) In this section: (1) "Control" has the meaning set forth in Section 700. (2) "Officer" has the meaning set forth in Section 33057. (b)...
- California Financial Code Section 363
At least 30 days before denying an application, the commissioner shall by mail or other method of service give written notice of the intended denial...
- California Financial Code Section 399
In this article: (a) "Preopening expenditure" means any obligation incurred, or sum disbursed, by a bank prior to the time when it commences to transact...
- California Financial Code Section 400
The articles of incorporation of the proposed bank or trust company shall be submitted to the commissioner for his or her approval before they are...
- California Financial Code Section 401
If the commissioner finds that the proposed bank or trust company has in good faith complied with all the requirements of law and fulfilled all...
- California Financial Code Section 402
It shall be unlawful to accept payment of subscriptions for shares of any corporation proposing to engage in the banking or trust business unless authority...
- California Financial Code Section 403
No corporation organized to transact a commercial banking or trust business shall transact any business until the commissioner has issued his or her certificate authorizing...
- California Financial Code Section 404
If the proposed bank or trust company fails to file evidence of incorporation and organization with the commissioner pursuant to Section 400 within one year...
- California Financial Code Section 405
If the proposed bank or trust company fails to open for business within 90 days after the issuance of the certificate of authorization, the right...
- California Financial Code Section 406
It is unlawful to apply any part of the funds collected from subscribers or shareholders to the payment of commissions or fees for obtaining subscriptions...
- California Financial Code Section 407
Every bank and trust company shall keep posted in a conspicuous place in its banking room at its head office the certificate of authority to...
- California Financial Code Section 419
A California state bank shall maintain its head office in this state.
- California Financial Code Section 420
A bank or trust company may change the location of its head office within this state with the written approval of the commissioner. An application...
- California Financial Code Section 421
(a) As used in this section: (1) "Branch office" has the meaning set forth in subdivision (a) of Section 500. (2) "Redesignation of the head...
- California Financial Code Section 490
(a) In issuing an exemption under this section, the commissioner may impose any conditions that the commissioner finds necessary or appropriate. (b) The commissioner may,...
- California Financial Code Section 500
(a) In this article, "branch office" means any branch office other than an automated teller machine branch office as defined in Section 550 or a...
- California Financial Code Section 501
The request for authority to establish a branch office shall be set forth in an application in such form and containing such information as the...
- California Financial Code Section 503
In determining whether to approve or disapprove an application by a bank for authority to establish a branch office, the commissioner shall consider all of...
- California Financial Code Section 504
When the commissioner has approved an application for permission to establish a branch office, the commissioner shall issue a certificate in duplicate authorizing the opening...
- California Financial Code Section 505
The failure of a bank or trust company to open and operate a branch office within one year after the commissioner approves the application therefor...
- California Financial Code Section 506
A bank or trust company which opens a branch office without first obtaining the approval of the commissioner shall be subject to a civil penalty...
- California Financial Code Section 507
When authorized by the commissioner a bank or trust company may change the location of a branch office from one location to another in the...
- California Financial Code Section 509
A bank or trust company which maintains a branch office or branch offices shall give to each branch office maintained by it a specific designation...
- California Financial Code Section 510
(a) A bank or trust company may close or discontinue the operation of any branch office if, before the closing or discontinuance, (1) the bank...
- California Financial Code Section 511
A bank may arrange for the collection of savings from school children by the principal of the school, by the teachers, or by collectors, pursuant...
- California Financial Code Section 512
With the approval of the commissioner and subject to any regulations that the commissioner may prescribe, a bank may transact at a foreign (other state)...
- California Financial Code Section 540
As used in this article, "place of business" means any place of business of a bank other than a head office, a branch office, or...
- California Financial Code Section 541
No bank shall establish or maintain a place of business unless it is authorized to do so by the commissioner.
- California Financial Code Section 542
An application for authority to establish and maintain a place of business shall be in such form and contain such information as the commissioner may...
- California Financial Code Section 543
The commissioner may give or withhold approval of an application in his or her discretion, but he or she shall not approve the application until...
- California Financial Code Section 544
When the commissioner has approved an application, the commissioner shall issue a certificate in duplicate authorizing the bank to establish and maintain the place of...
- California Financial Code Section 545
The approval of an application to establish and maintain a place of business shall be revoked by operation of law if the applicant bank does...
- California Financial Code Section 546
With the prior written approval of the commissioner, a bank may change the location of a place of business from one location to another in...
- California Financial Code Section 547
(a) A bank may close or discontinue the operation of a place of business provided it files a notice with the commissioner, containing the information...
- California Financial Code Section 550
In this article, unless the context otherwise requires: (a) "Automated teller machine" means any electronic information processing device used by a financial institution and its...
- California Financial Code Section 551
Except as the commissioner may otherwise order, a bank is not required to file any notice with, or to obtain any approval or certificate of...
- California Financial Code Section 559
Subject to applicable laws and regulations, a bank is permitted but not required to share its automated teller machine branch offices with one or more...
- California Financial Code Section 560
In this article, unless the context otherwise requires: (a) "Automated teller machine" has the meaning set forth in subdivision (a) of Section 550. (b) "Bank"...
- California Financial Code Section 561
A bank may use automated teller machines established or operated by another person, provided that the bank complies with the following requirements: (a) In case...
- California Financial Code Section 600
The articles of each bank shall contain the applicable one of the following statements: (a) In case the bank is, or is proposed to be,...
- California Financial Code Section 600.3
(a) In this section: (1) "Assessment provision" means the provision in the articles of a bank that complies with the requirements of Section 600.2, as...
- California Financial Code Section 600.4
(a) No amendment of the articles of a bank (other than an amendment set forth in an agreement of merger or in a certificate of...
- California Financial Code Section 600.6
No restated articles of a bank shall become effective unless the certificate setting forth such restated articles is filed with the Secretary of State with...
- California Financial Code Section 600.8
No certificate of determination of a bank shall become effective unless such certificate of determination is filed with the Secretary of State with the commissioner's...
- California Financial Code Section 600.10
No certificate of correction of a bank shall become effective unless such certificate of correction is filed with the Secretary of State with the commissioner's...
- California Financial Code Section 600.12
No certificate of revocation of a bank shall become effective unless such certificate of revocation is filed with the Secretary of State with the commissioner's...
- California Financial Code Section 602
(a) A bank may change its name if it files with the commissioner a report on the proposed change not less than 30 days before...
- California Financial Code Section 620
A bank may, with the approval of its board, determine and from time to time redetermine the par value of any class or series of...
- California Financial Code Section 621
No bank or trust company after October 1, 1949, shall issue any shares before they are fully paid for.
- California Financial Code Section 622
No bank shall issue any shares in consideration of: (a) Services rendered in the organization of such bank; or (b) Any note (whether or not...
- California Financial Code Section 640
This article does not apply to any distribution made to the shareholders of a bank in any proceeding to wind up and dissolve or to...
- California Financial Code Section 641
Section 500 of the Corporations Code does not apply to the making by a bank or by any majority-owned subsidiary of a bank of any...
- California Financial Code Section 642
Neither a bank nor any majority-owned subsidiary of a bank shall make any distribution to the shareholders of such bank in an amount which exceeds...
- California Financial Code Section 643
Notwithstanding the provisions of Section 642, a bank or a majority-owned subsidiary of a bank may, with the prior approval of the commissioner, make a...
- California Financial Code Section 644
Notwithstanding the provisions of Section 642, a bank may: (a) With the prior approval of the commissioner, make a distribution to its shareholders by means...
- California Financial Code Section 645
If the commissioner finds that the shareholders' equity of a bank is not adequate or that the making by a bank or by any majority-owned...
- California Financial Code Section 646
(a) For purposes of Section 506 of the Corporations Code, the making by a bank or by any majority-owned subsidiary of a bank of a...
- California Financial Code Section 660
In determining for purposes of this division whether the shareholders' equity of a bank or of a proposed bank is adequate, the commissioner shall consider:...
- California Financial Code Section 661
For purposes of any statute, regulation, or requirement of any governmental official or agency which refers to the capital (including, without limitation, stated capital, paid-in...
- California Financial Code Section 663
A bank which has deficit retained earnings may, with the prior approval of its outstanding shares and of the commissioner, readjust its accounts in a...
- California Financial Code Section 670
A bank at any time may, with the approval of its board, issue, sell or hypothecate its capital notes or debentures which may be payable...
- California Financial Code Section 679
Any reference in this article to the time a notice is given or sent shall be construed in accordance with Section 118 of the Corporations
- California Financial Code Section 680
The board of a bank or trust company hereafter organized shall consist of not less than five nor more than 25 directors, and no bank...
- California Financial Code Section 683
The board of each bank and of each trust company shall hold a meeting not less than once each calendar quarter. Regular meetings of the...
- California Financial Code Section 684
(a) The commissioner, whenever in his opinion such action is necessary or appropriate to carry out the purposes and provisions of this division, may call...
- California Financial Code Section 685
The commissioner may, in the name of the people of this state, bring or intervene in an action under Section 709 of the Corporations Code...
- California Financial Code Section 686
(a) The commissioner shall be deemed to be a party in interest within the meaning of Section 306 of the Corporations Code with respect to...
- California Financial Code Section 687
(a) For purposes of Section 316 of the Corporations Code, to the extent that the making by a bank or by any majority-owned subsidiary of...
- California Financial Code Section 688
(a) For purposes of Section 316 of the Corporations Code, the making of a loan or guarantee by a bank or any other extending of...
- California Financial Code Section 689
(a) Paragraph (1) of subdivision (b) of Section 1501 of the Corporations Code does not apply to the annual report of any bank with respect...
- California Financial Code Section 690
Unless the context otherwise requires, in this article: (a) "Offer" or "offer to sell" includes every attempt or offer to dispose of, or solicitation of...
- California Financial Code Section 691
No bank organized under the laws of this state shall offer or sell any security issued by it unless the commissioner has issued a permit...
- California Financial Code Section 691.1
The following transactions are exempt from Section 691: (a) (1) Any offer (but not a sale) not involving a public offering by a bank organized...
- California Financial Code Section 692
An application for a permit shall be in such form and contain such information as the commissioner may prescribe.
- California Financial Code Section 692.1
The commissioner shall charge and collect fees for applications filed under this article as fixed in this section. (a) The fee for a negotiating permit...
- California Financial Code Section 693
If the commissioner finds that the proposed sale of securities is fair, just, and equitable, he or she shall issue to the applicant a permit...
- California Financial Code Section 694
The commissioner may impose conditions in any permit issued under Section 693, requiring the deposit in escrow of securities, imposing a legend condition restricting the...
- California Financial Code Section 695
Every permit issued pursuant to Section 693 shall recite that it is permissive only and does not constitute a recommendation or endorsement of the securities...
- California Financial Code Section 696
The commissioner may amend, alter, suspend, or revoke any permit issued pursuant to Section 693.
- California Financial Code Section 696.5
Whenever a bank applies for a permit to issue any security or to deliver any other consideration (whether or not such security or such transaction...
- California Financial Code Section 697
There shall be exempted from the provisions of Section 691 any transaction or security, including, without limitation, any type or class of transactions or securities,...
- California Financial Code Section 698
Nothing contained in this article shall affect the Corporate Securities Law of 1968, Division 1 (commencing with Section 25000) of Title 4 of the Corporations
- California Financial Code Section 700
Unless the context otherwise requires, in this article: (a) "Bank" means a bank organized under the laws of this state. (b) "Control" means possession, direct...
- California Financial Code Section 701
No person shall, directly or indirectly, unless the commissioner has approved such acquisition of control, do any of the following: (a) Make a tender offer...
- California Financial Code Section 701.1
Notwithstanding any other provision of this article, except for those persons approved by the commissioner prior to September 1, 2002, and for those persons who...
- California Financial Code Section 702
An application for approval to acquire control of a bank or a controlling person shall be in such form and contain such information as the...
- California Financial Code Section 703
If the commissioner finds, with respect to the proposed acquisition of control of a bank or a controlling person, that any of the factors set...
- California Financial Code Section 703.5
(a) In this section, "officer" has the meaning set forth in Section 33057. (b) For purposes of Section 703, the commissioner may find: (1) That...
- California Financial Code Section 704
The commissioner may, in approving a proposal to acquire control of a bank or a controlling person pursuant to Section 703, impose such conditions as...
- California Financial Code Section 705
The commissioner may, for good cause, amend, alter, suspend, or revoke any approval of a proposal to acquire control of a bank or a controlling...
- California Financial Code Section 706
Notwithstanding any other provision of this article, any application for approval to acquire control of a bank or a controlling person which is not denied...
- California Financial Code Section 707
(a) The commissioner, before determining whether, for purposes of this article, a person controls another person or before denying or approving an application for approval...
- California Financial Code Section 708
There shall be exempted from the provisions of Section 701 any transaction, including, without limitation, any type or class of transactions, which the commissioner by...
- California Financial Code Section 709
Whenever it appears to the commissioner that any person has committed or is about to commit a violation of any provision of this article or...
- California Financial Code Section 710
No person shall be entitled to vote or to give a written consent with respect to any security acquired in contravention of any provision of...
- California Financial Code Section 711
If any provision or clause of this article or the application thereof to any person or circumstance is held invalid, illegal, or unenforceable, such invalidity,...
- California Financial Code Section 750
A bank or trust company may purchase, acquire, hold, or lease real property or an interest therein only as follows: (a) Such as may be...
- California Financial Code Section 751
Any real property not held for any purpose permitted by subdivisions (a) and (e) of Section 750 shall be sold whenever the same can be...
- California Financial Code Section 751.3
(a) The Legislature finds and declares: (1) That it is necessary to increase job opportunities in real estate development and construction and to provide additional...
- California Financial Code Section 751.7
A commercial bank may provide real estate appraisal services and may charge a fee therefor.
- California Financial Code Section 752
A bank or trust company may purchase, acquire, and hold not less than 75 percent of the outstanding shares of a corporation engaged exclusively in...
- California Financial Code Section 753
(a) (1) In this section, "federal law" includes, but is not limited to, the United States Constitution, any federal statute, any federal court decision, and...
- California Financial Code Section 754
A bank or trust company may become a member of the Federal Reserve System, may subscribe for, purchase, and hold the amounts of the capital...
- California Financial Code Section 755
A bank may become a member of the Federal Deposit Insurance Corporation or of any successor corporation having for its purpose the insurance of deposits...
- California Financial Code Section 756
A bank or trust company may become a member of any federal agency, membership in which is open to banking institutions, and may comply with...
- California Financial Code Section 757
(a) A bank or trust company may engage in the business of renting safe deposit boxes and may receive personal property for safekeeping and storage...
- California Financial Code Section 758
With the prior written consent of the commissioner, a bank or trust company may purchase and hold not less than 75 percent of the outstanding...
- California Financial Code Section 759
With the prior written consent of the commissioner, a bank may purchase and hold the whole or any part of the stock of not more...
- California Financial Code Section 760.1
A bank may invest in shares of the stock of one or more corporations which are engaged primarily in civic, public, or social welfare activities....
- California Financial Code Section 761
No bank shall purchase, acquire, or hold the stock of any corporation except as expressly authorized by this division, or pursuant to a plan of...
- California Financial Code Section 761.5
(a) In this section: (1) "Depository institution" has the meaning set forth in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(c))....
- California Financial Code Section 762
A bank or trust company may acquire stock in settlement or reduction of a loan or in exchange for an investment previously made in good...
- California Financial Code Section 763
The amount of funds of a bank or trust company which are deposited in any other financial institution (except a Federal Reserve bank) shall not...
- California Financial Code Section 764
Any court having jurisdiction of any estate in process of administration or of any other proceeding, on application of any person interested therein and after...
- California Financial Code Section 765
When the court has ordered the deposit of money or assets of an estate with a bank or trust company pursuant to Section 764 or...
- California Financial Code Section 766
For the purpose of determining whether any loan or investment is secured by a first lien on real property as required by any provision of...
- California Financial Code Section 768
No loan made by any bank in excess of any limitations contained in this division or which is made in violation of any of the...
- California Financial Code Section 769
A bank may purchase and hold the stock of small business investment companies authorized to operate under the Small Business Investment Act, as amended, in...
- California Financial Code Section 771
Two or more banks may invest in the stock of a corporation engaged exclusively in the business of performing for one or more banks such...
- California Financial Code Section 772
Notwithstanding the provisions of Section 1335, except as provided in Section 1336, and subject to regulations and rules the commissioner may prescribe, a bank may...
- California Financial Code Section 773
Subject to such regulations and rules as the superintendent may prescribe, a bank may issue and sell securities which are guaranteed pursuant to Section 306(g)...
- California Financial Code Section 774
Subject to such regulations and rules as the commissioner may prescribe, a bank may acquire and hold shares of stock issued by a corporation authorized...
- California Financial Code Section 775
Notwithstanding any other provision of law, any commercial bank (as defined in Section 105) and any trust company (as defined in Section 107) holding securities...
- California Financial Code Section 775.1
Notwithstanding any other provision of law, any commercial bank (as defined in Section 105) and any trust company (as defined in Section 107) holding securities...
- California Financial Code Section 776
(a) Every bank and branch shall conduct all of its business in one building or in adjoining buildings except that under special circumstances a bank...
- California Financial Code Section 777
A commercial bank may provide management consulting advice and services and may charge a fee therefor.
- California Financial Code Section 777.5
(a) Notwithstanding the provisions of Sections 1051, 1052, and 1054 of the Labor Code and Section 2947 of the Penal Code, a bank or any...
- California Financial Code Section 778
(a) A commercial bank may provide electronic data-processing services and may charge a fee therefor. (b) As used in this section, "electronic data-processing" means the...
- California Financial Code Section 779
(a) Notwithstanding Section 726 of the Code of Civil Procedure or any other provision of law to the contrary, a state or nationally chartered bank,...
- California Financial Code Section 782
Notwithstanding Section 1335, a bank may invest in shares of an investment company (1) registered with the Securities and Exchange Commission pursuant to the federal...
- California Financial Code Section 800
In this chapter, unless the context otherwise requires: (a) "Authorized agency activities" means receiving deposits, renewing time deposits, closing loans, servicing loans, and receiving payments...
- California Financial Code Section 801
This chapter does not apply to a California state bank having an insured depository institution engage in authorized agency activities as its agent or to...
- California Financial Code Section 802
(a) In this section, "affiliated," when used with respect to a California state bank and an insured depository institution, means that the California state bank...
- California Financial Code Section 810
Notwithstanding the provisions of Chapter 4 (commencing with Section 500) and Section 776, a California state bank may, with the prior approval of the commissioner...
- California Financial Code Section 811
An application by a California state bank for approval to have an insured depository institution engage in authorized agency activities as its agent shall be...
- California Financial Code Section 812
An application by a California state bank for approval to have an insured depository institution engage in authorized agency activities as its agent shall be...
- California Financial Code Section 813
In determining whether to approve or deny an application by a California state bank for approval to have an insured depository institution engage in authorized...
- California Financial Code Section 814
No California state bank may have an insured depository institution conduct as its agent any activity that the California state bank is prohibited from conducting
- California Financial Code Section 815
No office of an insured depository institution that is performing authorized agency activities as agent for a California state bank in accordance with this article...
- California Financial Code Section 816
If the commissioner finds that any activity performed by an insured depository institution as agent for a California state bank is not an authorized agency...
- California Financial Code Section 820
Notwithstanding the provisions of Chapter 4 (commencing with Section 500) and Section 776, a California state bank may, with the prior approval of the commissioner...
- California Financial Code Section 821
An application by a California state bank for approval to engage in authorized agency activities as agent for an insured depository institution shall be in...
- California Financial Code Section 822
An application by a California state bank for approval to engage in authorized agency activities as agent for an insured depository institution shall be accompanied...
- California Financial Code Section 823
In determining whether to approve or deny an application by a California state bank for approval to engage in authorized agency activities as agent for...
- California Financial Code Section 824
No California state bank may conduct any activity as an agent for an insured depository institution that the California state bank would be prohibited from...
- California Financial Code Section 825
(a) No office of a California state bank that conducts authorized agency activities as agent for an insured depository institution in accordance with this article...
- California Financial Code Section 826
If the commissioner finds that any activities performed by a California state bank as agent for an insured depository institution are not authorized agency activities...
- California Financial Code Section 850
A bank account by or in the name of a minor shall be held for the exclusive right and benefit of such minor and shall...
- California Financial Code Section 851
A bank account by or in the name of a married person shall be held for the exclusive right and benefit of the person, shall...
- California Financial Code Section 852
A bank account that is a multiple-party account as defined in Section 5132 of the Probate Code is governed by Part 2 (commencing with Section...
- California Financial Code Section 854
No bank, directly or indirectly, by any device whatever, shall pay any interest on any demand deposit except to the extent that the payment of...
- California Financial Code Section 854.1
Notwithstanding Section 10145 of the Business and Professions Code or any other provision of law, but subject to the limitations of Section 854, benefits accruing...
- California Financial Code Section 854.2
(a) Notwithstanding Section 10145 of the Business and Professions Code or any other provision of law, benefits accruing from the placement in an interest bearing...
- California Financial Code Section 857
(a) In this section: (1) "Creditor" includes, but is not limited to, a depositor. (2) "Insolvency," when used with respect to a bank, means that...
- California Financial Code Section 858
An overdraft of more than 90 days standing shall not be allowed as an asset of any bank.
- California Financial Code Section 860
A bank may act as a depositary, paying agent, trustee, or fiscal agent for the holding or handling of public funds or securities notwithstanding the...
- California Financial Code Section 861
When a statement of account has been rendered by a bank to a depositor accompanied by vouchers, if any, which are the basis for debit...
- California Financial Code Section 863
(a) No bank shall impose any charge on a savings account or on a depositor for the failure of a depositor to deposit, or for...
- California Financial Code Section 864
(a) For the purposes of this section: (1) "Customer" means one or more natural persons. (2) "Debt" means an interest-bearing obligation or an obligation which...
- California Financial Code Section 866
As used in this article: (a) "Depository institution" means any of the following: (1) Any insured bank as defined in Section 3 of the Federal...
- California Financial Code Section 866.2
(a) Prior to opening a deposit account a depository institution shall provide a written disclosure to the potential customer of its general policy with respect...
- California Financial Code Section 866.3
For the purposes of computing the amount of interest or dividends payable with respect to an interest-bearing deposit account, a depository institution shall not delay...
- California Financial Code Section 866.4
Except as otherwise provided in this section, any depository institution which fails to comply with any requirement imposed pursuant to this article shall be liable...
- California Financial Code Section 866.5
The commissioner shall issue administrative regulations to define a reasonable time for permitting customers to draw on items received for deposit in the customer's account....
- California Financial Code Section 866.6
Pursuant to Section 866.5, the commissioner shall promulgate regulations which shall be reviewed annually to establish a reasonable period of time within which a depository...
- California Financial Code Section 866.7
The commissioner is authorized to gather from depository institutions such information as may be necessary for the formulation and promulgation of the regulations required by...
- California Financial Code Section 866.8
The first regulations issued pursuant to this article shall be issued on or before July 1, 1984.
- California Financial Code Section 866.9
The commissioner is authorized to issue regulations which provide for a different period of time for withdrawal as a matter of right against deposited items,...
- California Financial Code Section 867
(a) Funds deposited in an account at a depository institution shall be available on the second business day after the business day on which those...
- California Financial Code Section 874
Any bank which delivers or has heretofore delivered to the State Treasurer pursuant to law any unclaimed or abandoned deposit shall not thereafter be liable...
- California Financial Code Section 952
Notice to any bank of an adverse claim (the person making the adverse claim being hereinafter called "adverse claimant") to a deposit standing on its...
- California Financial Code Section 953
When the depositor of a commercial or savings account has authorized any person to make withdrawals from the account, the bank, in the absence of...
- California Financial Code Section 954
A bank need not recognize or give any effect to (1) any claim to a deposit of cash or securities standing on its books to...
- California Financial Code Section 970
Whenever a bank certifies a check, the amount thereof shall be immediately charged against the account of the drawer.
- California Financial Code Section 971
It shall be unlawful for any officer or employee of a bank to certify any check drawn upon such bank, unless the drawer has on...
- California Financial Code Section 1000
As used in this chapter, unless the context requires otherwise, the following terms have the following meanings: (a) "Net direct debt" of any public corporation...
- California Financial Code Section 1001
Any securities or other assets that are described in Sections 1003 to 1018, inclusive, are legal investments for savings banks.
- California Financial Code Section 1002
Where any laws of this state provide that the moneys of any pension fund, retirement plan, trust fund, or the moneys of any special fund...
- California Financial Code Section 1003
Gold and silver bullion and United States mint certificates of ascertained value.
- California Financial Code Section 1004
Stock of a federal reserve bank or of a federal home loan bank to the extent authorized by Section 754.
- California Financial Code Section 1005
Bonds or other interest-bearing notes and obligations of the United States and those for which the faith and credit of the United States are pledged...
- California Financial Code Section 1006
Bonds of the State of California and those for which the faith and credit of the State of California are pledged for the payment of...
- California Financial Code Section 1007
Bonds of any flood control and water conservation districts, or any zone thereof, having an assessed valuation on taxable real property of not less than...
- California Financial Code Section 1008
Bonds of any other political subdivision, public corporation, or district of the State of California (herein referred to generally as public corporations) having the power,...
- California Financial Code Section 1009
(a) Any of the following subject to the conditions set forth in subdivision (b) to (d), inclusive. (1) Bonds or other evidences of indebtedness of,...
- California Financial Code Section 1010
Bonds of any irrigation district, water storage district, water conservation district, county water district, reclamation district, drainage district, and any district the primary function of...
- California Financial Code Section 1011
(a) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the...
- California Financial Code Section 1012
Bonds, notes or other obligations issued by the Federal Financing Bank, the United States Postal Service, or issued or assumed by the International Bank for...
- California Financial Code Section 1013
(a) Notes with a maturity not exceeding 15 months after the date of issue, issued in anticipation of uncollected taxes, income, revenue, cash receipts, and...
- California Financial Code Section 1014
Revenue securities of any state of the United States, or of the Commonwealth of Puerto Rico, and of any city, county, city and county, political...
- California Financial Code Section 1015
Bonds of any local public housing agency (as defined in the United States Housing Act of 1937, as amended) that are secured by either of...
- California Financial Code Section 1015.5
Bonds secured by an insurance commitment of the Federal Housing Administration.
- California Financial Code Section 1016
Evidences of indebtedness of companies incorporated in the United States and, directly or indirectly, engaged in manufacturing, extraction, merchandising, or commercial financing and in bonds...
- California Financial Code Section 1017
Fixed interest railroad bonds meeting the requirements of subdivisions (a) and (b); bonds secured by a mortgage on jointly operated railroad facilities meeting the requirements...
- California Financial Code Section 1018
Bonds and debentures of gas, electric, or gas and electric companies meeting the requirements of subdivision (a); bonds and debentures of telephone companies meeting the...
- California Financial Code Section 1200
A commercial bank shall not rediscount, borrow money, or hypothecate its assets as security for money borrowed except to the extent and upon the conditions...
- California Financial Code Section 1201
Assets hypothecated by a commercial bank as security for moneys borrowed shall not exceed in value the amount borrowed by more than 50 percent except...
- California Financial Code Section 1202
A commercial bank may borrow money by discounting or otherwise, and may borrow money secured by real property owned by the bank, to an amount...
- California Financial Code Section 1203
A commercial bank may hypothecate its assets in any manner provided by law to secure the deposits of moneys of the United States, of postal...
- California Financial Code Section 1204
A commercial bank may borrow for the purpose of buying from the United States, United States bonds, United States Treasury certificates, or notes or other...
- California Financial Code Section 1205
A commercial bank may rediscount with, borrow money from, or hypothecate its assets as security for money borrowed from a Federal Reserve bank, the Federal...
- California Financial Code Section 1206
A commercial bank may issue negotiable certificates of deposit transferable by endorsement and delivery and nonnegotiable certificates transferable only on the books of the bank.
- California Financial Code Section 1208
A commercial bank located in a place the population of which does not exceed 5,000 persons according to the most recent official federal or state...
- California Financial Code Section 1220
For the purpose of this article: (a) "Obligations" means the total sums for the payment of which a person is obligated, primarily or secondarily, to...
- California Financial Code Section 1221
The obligations, as defined in Section 1220, excepting the obligations described in Section 1226 and the obligations described in Section 1224, of any one person...
- California Financial Code Section 1223
An obligation shall not be deemed secured by personal property or collateral unless the personal property or collateral held as security is of a kind...
- California Financial Code Section 1224
(a) In addition to the limitations contained in Section 1221 a commercial bank may issue letters of credit and a commercial bank may accept drafts...
- California Financial Code Section 1225
With the approval of the commissioner a commercial bank may accept drafts or bills of exchange drawn upon it having not more than three months'...
- California Financial Code Section 1226
The limitations of Section 1221 shall not apply to the following and the following shall not be included among the obligations of a person for...
- California Financial Code Section 1227
A commercial bank may lend on the security of a first lien on real property or a first lien on a leasehold under a lease...
- California Financial Code Section 1227.2
(a) The provisions of any deed of trust or mortgage on real property which authorize any state or nationally chartered bank to accelerate the maturity...
- California Financial Code Section 1227.3
The provisions of any deed of trust or mortgage on real property which authorize any state or nationally chartered bank to receive and control the...
- California Financial Code Section 1228
A commercial bank may lend on the security of a first lien on real property or a first lien on a leasehold under a lease...
- California Financial Code Section 1229
A commercial bank shall not lend in the aggregate more than 5 percent of its assets upon the security of the stock of any one...
- California Financial Code Section 1231
No loan shall be made by any commercial bank upon the securities of one or more corporations, the payment of which loan is undertaken, in...
- California Financial Code Section 1232
A commercial bank shall not make a loan upon the capital stock of any other bank unless such bank has been in existence at least...
- California Financial Code Section 1234
Nothing in this chapter restricts a commercial bank in taking any lien on or pledge of any property as additional security for a loan already...
- California Financial Code Section 1235
A commercial bank holding a first lien on real property may take, or purchase and hold, or loan upon another and immediately junior lien but...
- California Financial Code Section 1236
A commercial bank may lend on the security of a first security interest on stock or a membership certificate issued to a tenant-stockholder or resident-member...
- California Financial Code Section 1238
(a) A commercial bank may make amortized loans upon the security of residential real property to finance the purchase and installation of material or equipment...
- California Financial Code Section 1241
(a) Any state-chartered bank that makes a refund anticipation loan to a covered borrower, as defined in Section 232 of Title 32 of the Code...
- California Financial Code Section 1335
(a) A commercial bank may invest in gold and silver bullion and United States mint certificates of ascertained value, and purchase securities, except corporation shares,...
- California Financial Code Section 1336
Unless otherwise approved by the commissioner, a commercial bank shall not invest an amount exceeding 15 percent of its shareholders' equity in the securities of...
- California Financial Code Section 1337
If any commercial bank has made investments which it was authorized to make at the time they were made it shall not be required to...
- California Financial Code Section 1338
A commercial bank may organize, sponsor, operate, control, or render investment advice to, an investment company, or underwrite, distribute, or sell securities of any investment...
- California Financial Code Section 1380
Whenever the public administrator becomes the administrator of the estate of a decedent who at the time of his death left money on deposit with...
- California Financial Code Section 1381
A commercial bank accepting savings deposits shall provide by its bylaws or by contract with its savings depositors the time and condition on which repayment...
- California Financial Code Section 1382
For the purposes of any law authorizing or providing for the deposit of funds with a savings bank, a commercial bank accepting savings deposits shall...
- California Financial Code Section 1400
Chapter 11 (commencing with Section 1400) of Division 1 is a restatement of Division 7 (commencing with Section 18000) as that division pertains to the...
- California Financial Code Section 1401
(a) Any reference in a provision of any statute or regulation of this state to banks or commercial banks includes industrial banks. (b) Subdivision (a)...
- California Financial Code Section 1402
The Industrial Loan Account of the Financial Institutions Fund is renamed to be the Industrial Bank Account.
- California Financial Code Section 1403
(a) The commissioner shall annually levy on and collect from industrial banks authorized to transact industrial banking business in this state, pro rata on the...
- California Financial Code Section 1410
Each industrial bank shall be an insured bank at all times while it is engaged in the industrial banking business.
- California Financial Code Section 1411
Subject to any order or regulation of the commissioner, an industrial bank may accept deposits evidenced by a deposit account or by certificates, that are...
- California Financial Code Section 1412
In addition to other provisions of this division that are otherwise applicable to an industrial bank, the following provisions of this division apply to the...
- California Financial Code Section 1500
No corporation shall engage in the trust business unless: (a) Its articles comply with the requirements of subdivision (b), (d), or (e) of Section 600;...
- California Financial Code Section 1500.1
Any commercial bank or industrial bank, with the prior authorization of the commissioner, may engage in the trust business, if its articles comply with the...
- California Financial Code Section 1500.6
No California state bank may engage in trust business at a place unless the place is its head office, an authorized branch office, or an...
- California Financial Code Section 1501.2
The following persons are exempt from the restrictions and prohibitions contained in Section 1500 and Article 3 (commencing with Section 3390) of Chapter 18: (a)...
- California Financial Code Section 1502
In this section, "subject national banking association" means a national banking association that (a) maintains its main office or a branch office in this state,...
- California Financial Code Section 1503
No foreign corporation, other than a national banking association or a foreign (other state) state bank that is authorized to conduct a trust business in...
- California Financial Code Section 1504
Pursuant to the authority contained in Section 1 of Article XV of the California Constitution, the restrictions upon rates of interest contained in Section 1...
- California Financial Code Section 1505
The Legislature finds and declares that it is important to inform taxpayers that they may make voluntary contributions to certain funds or programs, as provided...
- California Financial Code Section 1520
It is the intent of the Legislature that the provisions of this article, insofar as they are contained in the regulations regarding fiduciary activities of...
- California Financial Code Section 1521
For purposes of Section 1522, the following terms have the following meanings: (a) "Bank" means any of the following: (1) A commercial bank, industrial bank,...
- California Financial Code Section 1522
(a) Sections 9.4 to 9.6, inclusive, Sections 9.8 to 9.15, inclusive, and Sections 9.18 to 9.101, inclusive, of the Fiduciary Regulations in all of their...
- California Financial Code Section 1540
Every trust company shall deposit with the State Treasurer money or securities of the character described in Section 1542 as security for its court and...
- California Financial Code Section 1541
Whenever any trust company receives trust funds or property, other than real property, from court trusts accepted by it to the amount of one million...
- California Financial Code Section 1542
Security deposited with the State Treasurer by trust companies pursuant to Section 1540 or 1541 shall consist of the following: (a) Bonds or other interest-bearing...
- California Financial Code Section 1543
Such money or securities shall be approved by the commissioner and be deposited with the Treasurer upon the written order of the commissioner. Upon receiving...
- California Financial Code Section 1544
Securities deposited pursuant to this article may be exchanged from time to time, with the approval of the commissioner, for other like securities of equal...
- California Financial Code Section 1545
Should any security deposited pursuant to this article so depreciate in value as to reduce the deposit below the amount required by this article, additional...
- California Financial Code Section 1545.5
When any revaluation of securities is made by the commissioner pursuant to Section 1545, other than at the time such securities are presented for deposit,...
- California Financial Code Section 1546
The money and securities deposited pursuant to this article shall be subject to sale and the same or the proceeds thereof shall be subject to...
- California Financial Code Section 1547
The commissioner may, pursuant to Section 216.3, levy a civil penalty against any trust company that fails to comply with this article.
- California Financial Code Section 1560
A trust company may invest its contributed capital only in the securities and properties in which a commercial bank is permitted to invest its funds...
- California Financial Code Section 1561
Trust funds received by any trust company in connection with its trust business, if invested, shall be invested as provided in Part 4 (commencing with...
- California Financial Code Section 1561.1
(a) As used in this section: (1) "Fund" means any investment company registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et...
- California Financial Code Section 1562
Any trust company or bank authorized to engage in the trust business holding trust funds awaiting investment or distribution may deposit or leave on deposit...
- California Financial Code Section 1563
Any trust company acting in any capacity under a court or private trust or when acting in such capacity with one or more persons as...
- California Financial Code Section 1564
(a) For purposes of this section, two or more trust companies shall be deemed to be affiliated if they are members of the same affiliated...
- California Financial Code Section 1565
With regard to any participation certificates heretofore issued by any trust company, secured by a trust deed or mortgage, the full legal title in the...
- California Financial Code Section 1580
A trust company has the following powers: (a) It may act, or may be appointed by any court to act, in like manner as an...
- California Financial Code Section 1581
For the purposes of this chapter, all trusts and other business permitted to be accepted or executed by a trust company are hereby classified and...
- California Financial Code Section 1582
A trust company, its officers and employees, shall not disclose any information to any person concerning the existence, condition, management, and administration of any private...
- California Financial Code Section 1583
The commissioner shall examine the court trust business of a trust company at least once every two calendar years and shall examine the private trust...
- California Financial Code Section 1584
In making the reports to the commissioner required by this division, every trust company shall report, in addition to the other facts called for, separately,...
- California Financial Code Section 1586
Any court having jurisdiction of any executor, administrator, guardian, conservator, assignee, receiver, depositary, or trustee, upon the application of any such officer or trustee or...
- California Financial Code Section 1586.5
Securities held by a trust company by direction of any court order issued pursuant to Section 1586 may be deposited, pursuant to the provisions of...
- California Financial Code Section 1587
Whenever an executor, administrator, guardian or conservator of estates, assignee, receiver, depositary, or trustee is required to qualify by taking and subscribing an oath or...
- California Financial Code Section 1588
Whenever any corporation desires to withdraw from and discontinue doing a trust business, it shall furnish to the commissioner satisfactory evidence of its release and...
- California Financial Code Section 1589
The validity or legality of any act or proceeding done or taken by any trust company, relating to or in connection with the administration of...
- California Financial Code Section 1590
Nothing in this chapter shall make it unlawful for any person or corporation to engage in the business of receiving and holding money in escrow...
- California Financial Code Section 1591
A bank or trust company shall not mingle trust funds received by it with other assets of the corporation or association and such funds shall...
- California Financial Code Section 1650
Notice to a bank operating a safety deposit department or to a company conducting a safety deposit business of an adverse claim (the person making...
- California Financial Code Section 1660
Every bank conducting a safe-deposit business shall be entitled to the special remedies set forth in this article in enforcing the liabilities of safe-deposit box...
- California Financial Code Section 1661
If the rental of any safe-deposit box is not paid within six months from the day it is due, the bank, or at any time...
- California Financial Code Section 1662
At any time after the date specified in such notice, if the rental for such safe-deposit box to the date of payment and the cost...
- California Financial Code Section 1662.5
The following persons, and no others, are entitled to receive from the bank a copy of the inventory: (a) An executor of the decedent's will....
- California Financial Code Section 1663
All contents removed from a safe-deposit box pursuant to Section 1662 shall be retained by the bank for at least two years unless sooner delivered...
- California Financial Code Section 1664
At any time after two years from the day when a safe-deposit box has been opened pursuant to this article, the bank may mail a...
- California Financial Code Section 1665
Notwithstanding any of the provisions of this article, no stocks, bonds, or other securities which, at the time of sale pursuant to Section 1664, are...
- California Financial Code Section 1666
Upon the making of a sale of any securities, an officer of the bank shall execute and attach to the securities so sold an affidavit...
- California Financial Code Section 1667
From the proceeds of any sale the bank shall deduct the amount set forth in such notice and any further charges which may have accrued...
- California Financial Code Section 1668
Any documents, letters, or other articles found in a safe-deposit box opened pursuant to Section 1662, which in the judgment of at least two officers...
- California Financial Code Section 1669
If, before the effective date of this section, a bank or its predecessor in interest, has caused a safe-deposit box to be opened for nonpayment...
- California Financial Code Section 1670
Whenever a bank receives personal property for safekeeping or storage as bailee and issues a receipt therefor, the bank may enforce its lien as warehouseman...
- California Financial Code Section 1671
If the amount charged by a bank for the safekeeping or storage of personal property is not paid within six months from the day it...
- California Financial Code Section 1672
From the proceeds of the sale, the bank shall deduct all charges as stated in the final notice, together with any further charges that have...
- California Financial Code Section 1673
Any documents, letters, or other articles which, in the judgment of an officer of the bank, have no apparent intrinsic or marketable value, need not...
- California Financial Code Section 1674
The power conferred on a bank to sell the contents of a safe-deposit box or personal property received for safekeeping or storage for nonpayment of...
- California Financial Code Section 1675
A bank holding a safe-deposit box originally rented from, or personal property against which a safekeeping or storage receipt was issued by, a predecessor in...
- California Financial Code Section 1676
The provisions of this article do not preclude any other remedy by action or otherwise now or hereafter existing for the enforcement of the claims...
- California Financial Code Section 1677
If the principal of, or interest or dividends on, any securities that have come into the possession of any bank by reason of action taken...
- California Financial Code Section 1678
(a) Whenever this article requires that notice be sent to a person, and the box stood or stands on the records of the bank or...
- California Financial Code Section 1679
Whenever an amount of safe-deposit rental, custody, safekeeping, or other charge is to be paid or deducted pursuant to this article, there shall be added...
- California Financial Code Section 1680
Any bank or trust company may receive bonds issued by the United States Government for safekeeping, collection, or storage, and shall receipt therefor to the...
- California Financial Code Section 1700
In this chapter, unless the context otherwise requires: (a) "Agency" means a depositary agency or a nondepositary agency. (b) "Branch office" means a limited branch...
- California Financial Code Section 1700.3
Nothing in this chapter, except Section 1707, applies to a federal agency or branch in this state.
- California Financial Code Section 1700.5
(a) In this section, "subject bank" means a bank organized under the laws of any territory of the United States, Puerto Rico, Guam, American Samoa,...
- California Financial Code Section 1701
For purposes of this chapter, offices of foreign (other nation) banks are divided into classes and ranked in ascending order, as follows: (a) Representative office....
- California Financial Code Section 1701.5
(a) For purposes of this chapter: (1) Changing a lower class office into a higher class office shall be treated as establishing the higher class...
- California Financial Code Section 1702
Fees shall be paid to, and collected by, the commissioner, as follows: (a) The fee for filing with the commissioner an application by a foreign...
- California Financial Code Section 1703
Each application filed with the commissioner under this chapter or under any regulation or order issued under this chapter shall be in such form, shall...
- California Financial Code Section 1704
(a) In this section, "act" includes (without limitation) omission. (b) For purposes of making findings on an application by a foreign (other nation) bank for...
- California Financial Code Section 1705
(a) Each foreign (other nation) bank that is licensed to maintain an office shall file with the commissioner reports as and when the commissioner may,...
- California Financial Code Section 1706
Each foreign (other nation) bank that is licensed to maintain an office shall make, keep, and preserve at the office or at another place that...
- California Financial Code Section 1707
(a) No foreign (other nation) bank which is licensed to maintain an agency or branch office shall concurrently maintain a federal agency or federal branch...
- California Financial Code Section 1708
(a) No foreign (other nation) bank shall concurrently be licensed to maintain offices of different classes. (b) Subdivision (a) does not prohibit a foreign (other...
- California Financial Code Section 1710
(a) (1) No foreign (other nation) bank (other than a bank that is licensed to maintain an agency or branch office) shall be issued a...
- California Financial Code Section 1711
No license shall be transferable or assignable.
- California Financial Code Section 1712
Each foreign (other nation) bank that is licensed to maintain an office shall post its license in a conspicuous place at the office.
- California Financial Code Section 1713
(a) Each foreign (other nation) bank that is licensed to maintain an office shall assign to the office a popular name that consists of a...
- California Financial Code Section 1714
Whenever a foreign (other nation) bank is licensed to maintain two or more agencies or branch offices, it shall designate one of such offices as...
- California Financial Code Section 1715
Each foreign (other nation) bank that is licensed to maintain an office shall conduct all of the business of the office in a single building...
- California Financial Code Section 1716
Any foreign (other nation) bank that, at the time it makes a loan or forbearance or executes a contract therefor, has assets equal to at...
- California Financial Code Section 1725
(a) No foreign (other nation) bank shall establish or maintain an office in this state at which it engages in representational functions unless it is...
- California Financial Code Section 1726
(a) (1) No foreign (other nation) bank shall establish or maintain a representative office unless the commissioner shall have first approved the establishment of the...
- California Financial Code Section 1727
(a) No foreign (other nation) bank that is licensed to maintain a representative office shall relocate the office unless the commissioner shall have first approved...
- California Financial Code Section 1728
A foreign (other nation) bank that is licensed to maintain a representative office may, subject to any regulations that the commissioner may prescribe, engage in...
- California Financial Code Section 1729
(a) (1) No foreign (other nation) bank that is licensed to maintain a representative office shall close the office unless the commissioner shall have first...
- California Financial Code Section 1750
(a) No foreign (other nation) bank shall transact business in this state except at an agency or branch office that it is licensed to maintain...
- California Financial Code Section 1751
No foreign (other nation) bank shall be licensed to maintain any agency or branch office unless it is qualified to transact intrastate business in this...
- California Financial Code Section 1752
No foreign (other nation) bank shall be licensed to maintain a retail branch office unless the deposits in such office are insured by the Federal...
- California Financial Code Section 1753
(a) (1) No foreign (other nation) bank shall establish or maintain an agency or branch office unless the commissioner shall have first approved the establishment...
- California Financial Code Section 1754
(a) No foreign (other nation) bank which is licensed to maintain an agency or branch office shall relocate such office unless the commissioner shall have...
- California Financial Code Section 1755
(a) A foreign (other nation) bank that is licensed to maintain an agency or branch office may transact commercial banking business at the office, subject...
- California Financial Code Section 1756
(a) In addition to other provisions of this division that are otherwise applicable to or with respect to foreign (other nation) banks licensed to maintain...
- California Financial Code Section 1757
(a) Whenever the commissioner calls for a report under Section 1931 from commercial banks organized under the laws of this state, the commissioner shall call...
- California Financial Code Section 1758
Each foreign (other nation) bank which is licensed to maintain a depositary agency, limited branch office, or wholesale branch office shall, in accordance with such...
- California Financial Code Section 1759
(a) In case a foreign (other nation) bank is licensed to maintain a depositary agency or branch office and such office is not subject to...
- California Financial Code Section 1760
(a) Each foreign (other nation) bank which is licensed to transact business in this state shall keep the assets of such business separate and apart...
- California Financial Code Section 1761
(a) In this section: (1) "Adjusted liabilities," when used with respect to a foreign (other nation) bank, means the liabilities of such bank's business in...
- California Financial Code Section 1762
(a) In this section: (1) "Adjusted liabilities," when used with respect to a foreign (other nation) bank which is licensed to maintain a branch office...
- California Financial Code Section 1763
(a) (1) No foreign (other nation) bank which is licensed to maintain an agency or branch office shall close such office unless the commissioner shall...
- California Financial Code Section 1775
(a) Any foreign (other nation) bank that holds a license to maintain an office may voluntarily surrender the license by filing the license and a...
- California Financial Code Section 1780
If the commissioner finds that any person has violated any provision of this chapter or of any regulation or order issued under this chapter, the...
- California Financial Code Section 1781
If, after notice and a hearing, the commissioner finds any of the following with respect to a foreign (other nation) bank that is licensed to...
- California Financial Code Section 1782
(a) If the commissioner finds that any of the factors set forth in Section 1781 is true with respect to any foreign (other nation) bank...
- California Financial Code Section 1783
Any foreign (other nation) bank whose license to maintain an office is suspended or revoked shall immediately surrender the license to the commissioner.
- California Financial Code Section 1784
(a) Any foreign (other nation) bank to which an order is issued under Section 1781 or 1782 may apply to the commissioner to modify or...
- California Financial Code Section 1785
(a) If the commissioner finds that any of the factors set forth in Section 1781 is true with respect to any foreign (other nation) bank...
- California Financial Code Section 1800
(a) It is the intent of the Legislature in enacting this chapter to protect the people of this state from being victimized by unscrupulous practices...
- California Financial Code Section 1800.3
(a) No person shall engage in the business of receiving money for the purpose of transmitting the same or its equivalent to foreign countries without...
- California Financial Code Section 1800.4
The receipt of money by an incorporated telegraph company, or its agents, for immediate transmission by telegraph to foreign countries shall be exempt from licensure...
- California Financial Code Section 1800.5
For the purposes of this chapter: (a) (1) "Receiving money for transmission" means receiving money for the purpose of transmitting the same or its equivalent...
- California Financial Code Section 1800.7
(a) As used in this section, "designated person" means any agent, any applicant, the officers, directors, and controlling persons of any applicant or agent, and...
- California Financial Code Section 1800.9
The commissioner may impose on any authorization, approval, license, or order issued pursuant to this chapter any conditions that he or she deems reasonable or...
- California Financial Code Section 1801
(a) Fees shall be paid to, and collected by, the commissioner, as follows: (1) The fee for filing with the commissioner an application for a...
- California Financial Code Section 1801.1
Each fiscal year the commissioner shall levy an assessment on a pro rata basis on those licensees which at any time during the preceding calendar...
- California Financial Code Section 1802
(a) An application for a license shall be in writing, under oath, and in a form prescribed by the commissioner. It shall contain the name...
- California Financial Code Section 1802.2
If the commissioner finds, with respect to an application for a license: (a) That the applicant has adequate capital as specified in Section 1814 to...
- California Financial Code Section 1802.6
The license is not transferable or assignable.
- California Financial Code Section 1802.7
If the application is approved by the commissioner he or she shall, upon the payment of the license fees, issue and deliver to the applicant...
- California Financial Code Section 1802.8
(a) Before any applicant is issued a license the applicant shall file with the commissioner, in the form required by the commissioner, an irrevocable consent...
- California Financial Code Section 1803
No licensee shall appoint or continue any person as an agent, unless the licensee and the person have made a written contract which contains each...
- California Financial Code Section 1803.1
(a) No licensee shall appoint any person as an agent unless it has conducted a review of the proposed agent's fitness to act as an...
- California Financial Code Section 1803.2
(a) Each licensee shall be liable as a principal for the transmission of the transmission money from the time when the transmission money is received...
- California Financial Code Section 1803.3
(a) If, after notice and a hearing, the commissioner finds that an agent of a licensee or any director, officer, employee, or controlling person of...
- California Financial Code Section 1803.4
(a) The licensee or the agent or former agent with respect to whom an order has been issued under Section 1803.3 may apply to the...
- California Financial Code Section 1803.5
(a) Any licensee, having as an agent any person to whom an order has been issued pursuant to Section 1803.3 shall, when that order becomes...
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