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Financial Code - FIN - FIN § 1131
Financial Code - FIN - FIN § 1131
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 distribution to the shareholders of such bank.
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Financial Code - FIN - FIN § 1132
Financial Code - FIN - FIN § 1132
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 the lesser of: (a) The retained earnings of the bank; or (b) The net income of the bank for its last three fiscal years, less the amo
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Financial Code - FIN - FIN § 1133
Financial Code - FIN - FIN § 1133
Notwithstanding the provisions of Section 1132, a bank or a majority-owned subsidiary of a bank may, with the prior approval of the commissioner, make a distribution to the shareholders of such bank in an amount not exceeding the greatest of: (a) The retained earnings of the bank
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Financial Code - FIN - FIN § 1134
Financial Code - FIN - FIN § 1134
Notwithstanding the provisions of Section 1132, a bank may: (a) With the prior approval of the commissioner, make a distribution to its shareholders by means of redeeming its redeemable shares; and (b) With the prior approval of its outstanding shares and of the commissioner, oth
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Financial Code - FIN - FIN § 1135
Financial Code - FIN - FIN § 1135
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 subsidiary of a bank of a distribution to the shareholders of the bank would be unsafe or unsound for the bank, the commissioner may order the b
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Financial Code - FIN - FIN § 115
Financial Code - FIN - FIN § 115
“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 court, or by authority of any law of this or any other state or of the United States, or as trustee
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Financial Code - FIN - FIN § 1150
Financial Code - FIN - FIN § 1150
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: (a) The nature and volume of the business of the bank; (b) The amount, nature, quality, and liquidity of the assets of the b
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Financial Code - FIN - FIN § 1151
Financial Code - FIN - FIN § 1151
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 capital, and paid-up capital, but excluding contributed capital), surplus, or undivided profits of a
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Financial Code - FIN - FIN § 1152
Financial Code - FIN - FIN § 1152
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 quasi-reorganization. Such readjustment may include, without limitation, eliminating such deficit retained earnings.
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Financial Code - FIN - FIN § 117
Financial Code - FIN - FIN § 117
“Trust company” means a corporation, industrial bank, or a commercial bank that is authorized to engage in the trust business.
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Financial Code - FIN - FIN § 1170
Financial Code - FIN - FIN § 1170
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 Code.
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Financial Code - FIN - FIN § 1171
Financial Code - FIN - FIN § 1171
The board of a bank or trust company hereafter organized shall consist of not less than 5 nor more than 25 directors, and no bank or trust company shall amend its articles or bylaws so as to reduce the number of directors below five.
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Financial Code - FIN - FIN § 1172
Financial Code - FIN - FIN § 1172
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 board shall be held within this state. Any regular or special meeting is valid wherever held if held upon written consent of all members of the
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Financial Code - FIN - FIN § 1173
Financial Code - FIN - FIN § 1173
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 to determine the validity of any election or appointment of any director of a bank to the same extent as a shareholder of such bank might brin
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Financial Code - FIN - FIN § 1174
Financial Code - FIN - FIN § 1174
(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 a bank and may, in the name of the people of this state, bring or intervene in an action under Section 306 of the Corporations Code for the ap
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Financial Code - FIN - FIN § 1175
Financial Code - FIN - FIN § 1175
(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 a bank of a distribution to any shareholder of the bank is contrary to any provision of Article 3 (commencing with Section 1130), the making of
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Financial Code - FIN - FIN § 1176
Financial Code - FIN - FIN § 1176
(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 credit by a bank contrary to any provision of this division shall be deemed to be contrary to Section 315 of the Corporations Code. (b) The commissioner
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Financial Code - FIN - FIN § 119
Financial Code - FIN - FIN § 119
“Bank” or “banks” includes a public bank, as defined in Section 57600 of the Government Code, commercial banks, industrial banks, and trust companies unless the context otherwise requires. However, “bank” does not include a savings association or a credit union.
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Financial Code - FIN - FIN § 1190
Financial Code - FIN - FIN § 1190
(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 to any transaction consisting of an extension of credit by such bank or by any of its majority-owned subsidiaries. (b) The annual report of a
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Financial Code - FIN - FIN § 12
Financial Code - FIN - FIN § 12
The singular number includes the plural and the plural the singular.
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Financial Code - FIN - FIN § 1200
Financial Code - FIN - FIN § 1200
Unless the context otherwise requires, in this chapter: (a) “Offer” or “offer to sell” includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security for value. (b) “Sale” or “sell” includes every contract of sale of, contract to sell, or dispositio
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Financial Code - FIN - FIN § 12000
Financial Code - FIN - FIN § 12000
This division is known and may be cited as the Check Sellers, Bill Payers and Proraters Law.
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Financial Code - FIN - FIN § 12001
Financial Code - FIN - FIN § 12001
Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
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Financial Code - FIN - FIN § 12002
Financial Code - FIN - FIN § 12002
A check seller is a person: (a) who, for compensation, engages, in whole or in part, in the business of selling checks, drafts, money orders, or other commercial paper serving the same purpose, or receiving money as agent of an obligor for the purpose of paying to a person other
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Financial Code - FIN - FIN § 12002.1
Financial Code - FIN - FIN § 12002.1
A prorater is a person who, for compensation, engages in whole or in part in the business of receiving money or evidences thereof for the purpose of distributing the money or evidences thereof among creditors in payment or partial payment of the obligations of the debtor.