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Financial Code - FIN - FIN § 10004
Financial Code - FIN - FIN § 10004
Except as expressly provided for in this chapter, any person who, as principal, agent, salesperson, solicitor, or in any other capacity, solicits or conducts in this state the business of selling, disposing of, taking, or soliciting savings accounts of any foreign savings associa
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Financial Code - FIN - FIN § 10005
Financial Code - FIN - FIN § 10005
For the purposes of this article and any other law of this state prohibiting, limiting, or regulating the doing of business or the selling, taking, or solicitation of savings accounts in this state by foreign savings associations or foreign corporations, any federally insured for
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Financial Code - FIN - FIN § 10006
Financial Code - FIN - FIN § 10006
Except as provided by regulation, this division applies to a foreign savings association or its holding company as if business conducted in this state were that of a California savings association.
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Financial Code - FIN - FIN § 10007
Financial Code - FIN - FIN § 10007
If a foreign savings association is controlled by a foreign holding company, the requirements under this chapter applicable to both a foreign savings association and foreign holding company are required to be met.
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Financial Code - FIN - FIN § 10009
Financial Code - FIN - FIN § 10009
This chapter shall become operative on January 1, 1991.
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Financial Code - FIN - FIN § 1001
Financial Code - FIN - FIN § 1001
This division is known, and may be cited, as the “Banking Law.”
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Financial Code - FIN - FIN § 1002
Financial Code - FIN - FIN § 1002
No bank shall be a close corporation (as defined in Section 158 of the Corporations Code).
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Financial Code - FIN - FIN § 1003
Financial Code - FIN - FIN § 1003
Except where explicitly stated or the context provides otherwise, 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 authorized to transact business in
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Financial Code - FIN - FIN § 1004
Financial Code - FIN - FIN § 1004
(a) A California state bank is a corporation incorporated under Division 1 (commencing with Section 100) of Title 1 of the Corporations Code or, in the case of a public bank, a corporation incorporated under Part 2 (commencing with Section 5110) or Part 3 (commencing with Section
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Financial Code - FIN - FIN § 1005
Financial Code - FIN - FIN § 1005
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 in or transact commercial banking business, industrial banking business, or trust business within this state except by me
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Financial Code - FIN - FIN § 1006
Financial Code - FIN - FIN § 1006
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, except as provided in this chapter.
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Financial Code - FIN - FIN § 1007
Financial Code - FIN - FIN § 1007
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 any liability or cause of action existing or incurred against any bank or trust company, or the shareholders, directors, or officers t
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Financial Code - FIN - FIN § 1008
Financial Code - FIN - FIN § 1008
When applicable to a corporation organized as a public bank, as defined in Section 57600 of the Government Code, references in this division to share, shareholder, or stockholder shall mean membership or member in the public bank, as applicable.
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Financial Code - FIN - FIN § 101
Financial Code - FIN - FIN § 101
If and to the extent that any provision of the Financial Institutions Law is preempted by federal law, the provision does not apply and shall not be enforced.
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Financial Code - FIN - FIN § 1020
Financial Code - FIN - FIN § 1020
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 in such form and containing such information as the commissioner may require and shall be accompanied by a fee of five thousand dollar
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Financial Code - FIN - FIN § 1021
Financial Code - FIN - FIN § 1021
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 prospective applicant in advance of the filing of an application for the purpose of discussing questions relating
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Financial Code - FIN - FIN § 1022
Financial Code - FIN - FIN § 1022
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) The character, reputation, and financial standing of the organizers or incorporators and their motives in seeking to organize t
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Financial Code - FIN - FIN § 1023
Financial Code - FIN - FIN § 1023
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 the application until he or she has ascertained to his or her satisfaction: (a) That the public convenience and advantage will be promoted by the
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Financial Code - FIN - FIN § 1024
Financial Code - FIN - FIN § 1024
(a) In this section, “control” has the meaning set forth in Section 1250. (b) For purposes of Section 1023, the commissioner may find: (1) That a proposed officer or director of a proposed bank or trust company does not have sufficient standing to afford reasonable promise of suc
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Financial Code - FIN - FIN § 1025
Financial Code - FIN - FIN § 1025
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 of an application and of the right of the applicant to meet with the commissioner regarding the reasons for such denial. The reques
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Financial Code - FIN - FIN § 1026
Financial Code - FIN - FIN § 1026
The commissioner may, in approving an application to organize and establish a corporation to engage in the banking or trust business pursuant to Section 1023, impose any conditions the commissioner deems reasonable or necessary or advisable in the public interest.
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Financial Code - FIN - FIN § 1027
Financial Code - FIN - FIN § 1027
(a) With the approval of the commissioner, a bank may be formed to facilitate a merger or an acquisition of control. The new bank may survive the merger or acquisition of control. (b) Sections 1020, 1021, 1022, 1023, and 1024 shall not apply to the formation of a bank pursuant to
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Financial Code - FIN - FIN § 103
Financial Code - FIN - FIN § 103
The word “bank” as used in the Financial Institutions Law means any incorporated banking institution that shall have been incorporated to engage in commercial banking business, industrial banking, or trust business.
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Financial Code - FIN - FIN § 1040
Financial Code - FIN - FIN § 1040
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 banking business, for the purpose of organizing such bank. (b) “Preopening noncapital expenditure” means any preopening expendi
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Financial Code - FIN - FIN § 1041
Financial Code - FIN - FIN § 1041
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 filed with the Secretary of State pursuant to the Corporations Code. After the articles have been filed with the Secretary of State t