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Financial Code - FIN - FIN § 17634
Financial Code - FIN - FIN § 17634
If the commissioner becomes satisfied that it may be done safely and in the public interest, he may terminate the conservatorship and permit the licensee for which a conservator was appointed to resume its business under direction of its board of directors, subject to such terms,
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Financial Code - FIN - FIN § 17635
Financial Code - FIN - FIN § 17635
If at any time after taking possession of the property and business of a licensee it shall appear to the commissioner that it would be futile to proceed as conservator with the conduct of the business of such person he may apply to the superior court of the county in which is loc
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Financial Code - FIN - FIN § 17636
Financial Code - FIN - FIN § 17636
Whenever the commissioner has taken possession of the property and business of a licensee he may petition the superior court for the appointment of a receiver to liquidate the affairs of the licensee.
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Financial Code - FIN - FIN § 17637
Financial Code - FIN - FIN § 17637
The commissioner may appoint one or more special deputies to assist in the duties of liquidation and distribution under his direction and may also employ such special legal counsel, accountants, and assistants as may be needed and required and fix their salaries and compensation.
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Financial Code - FIN - FIN § 17638
Financial Code - FIN - FIN § 17638
In liquidating the affairs of a licensee the commissioner may: (a) Collect all money due to, and claims of, the licensee and give receipt therefor. (b) Approve and pay all just and equitable claims. (c) Commence and prosecute all actions and proceedings necessary to enforce liqui
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Financial Code - FIN - FIN § 17639
Financial Code - FIN - FIN § 17639
After the issuance of an order of liquidation under Section 17635, any of the following transactions occurring within four months prior to the application for such order shall be voidable by the commissioner if such transaction has the effect of giving to or enabling any creditor
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Financial Code - FIN - FIN § 1764
Financial Code - FIN - FIN § 1764
Each foreign (other nation) bank that is licensed to maintain an office shall post its license in a conspicuous place at the office.
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Financial Code - FIN - FIN § 17640
Financial Code - FIN - FIN § 17640
If the commissioner is in possession of the business, property, and assets of a licensee, whether or not he is liquidating the affairs of such licensee, the commissioner may: (a) Apply to the superior court of the county in this State in which the principal office of the licensee
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Financial Code - FIN - FIN § 17641
Financial Code - FIN - FIN § 17641
Claims for damages resulting from the disaffirmance of an executory contract or lease by the commissioner may be filed and allowed. No claim of a landlord for damages resulting from the disaffirmance of an unexpired lease of real property or under any covenant of such lease shall
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Financial Code - FIN - FIN § 17642
Financial Code - FIN - FIN § 17642
When the commissioner determines to liquidate a licensee, he shall cause an inventory of all the assets of the licensee to be made in duplicate, file the original with the court, and file the duplicate in his office.
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Financial Code - FIN - FIN § 17643
Financial Code - FIN - FIN § 17643
When the commissioner determines to liquidate a licensee he shall cause notice to be given by publication once a week for four successive weeks in some newspaper of general circulation published at or near the principal place of business in this State of such licensee, to all per
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Financial Code - FIN - FIN § 17644
Financial Code - FIN - FIN § 17644
All claims, demands, or causes of action of creditors, and persons other than the parties to an escrow transaction against the licensee or against any property owned or held by it in trust or otherwise, must be presented to the commissioner in writing, verified by the claimant, o
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Financial Code - FIN - FIN § 17645
Financial Code - FIN - FIN § 17645
Upon the expiration of the time fixed for the presentation of claims, the commissioner shall prepare in duplicate a full and complete schedule of all claims presented, specifying by classes those that have been approved and those that have been disapproved and shall file the orig
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Financial Code - FIN - FIN § 17646
Financial Code - FIN - FIN § 17646
Not later than five days after the time of filing the schedule of claims with the court, written notice shall be mailed to all claimants whose claims have been rejected. Action to enforce the payment of or to establish any rejected claim must be brought and service had within fou
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Financial Code - FIN - FIN § 17647
Financial Code - FIN - FIN § 17647
Regardless of any law of this state, the judges of the superior court of the county in this state in which the principal office of the licensee is located may, whenever the judges deem it necessary or advisable, hold hearings relating to the sale, exchange, or other disposition o
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Financial Code - FIN - FIN § 17648
Financial Code - FIN - FIN § 17648
If it appears improbable that anything can be realized from any property of the licensee and that the cost of maintaining, preserving, or protecting the property would probably be lost, the court may direct the commissioner to abandon the property.
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Financial Code - FIN - FIN § 17649
Financial Code - FIN - FIN § 17649
For the purpose of executing and performing any of the powers and duties conferred upon him by this article, the commissioner may in the name of the licensee or in his own name prosecute and defend any suit or other legal proceeding and may in the name of the licensee or in his o
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Financial Code - FIN - FIN § 1765
Financial Code - FIN - FIN § 1765
(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 specific designation by name or number and shall post the popular name and the name of the bank in a conspicuous place at the office. (b) The p
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Financial Code - FIN - FIN § 17650
Financial Code - FIN - FIN § 17650
If any real property of the licensee sold by the commissioner is located in a county other than the county in which the application to the court for permission to sell the property was made, the commissioner shall cause a certified copy of the order authorizing or ratifying such
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Financial Code - FIN - FIN § 17651
Financial Code - FIN - FIN § 17651
When the commissioner has (a) fully liquidated all claims other than claims of stockholders, and (b) made due provision for any and all known but unclaimed liabilities, excepting claims of stockholders, and (c) paid all expenses of liquidation, then upon the written request of th
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Financial Code - FIN - FIN § 17652
Financial Code - FIN - FIN § 17652
Upon the payment of a final dividend in liquidation, the commissioner shall prepare and file with the court a full and final statement of the liquidation, including a summary of the receipts and disbursements, and a duplicate of such statement shall be filed in the office of the
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Financial Code - FIN - FIN § 17653
Financial Code - FIN - FIN § 17653
In making its order approving the commissioner’s final statement of the liquidation of a licensee, the court shall determine the amounts of the liquidating dividends to which claimants and investors are entitled but that then remain unpaid or unclaimed in the hands of the commiss
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Financial Code - FIN - FIN § 17654
Financial Code - FIN - FIN § 17654
The order of the court approving the final statement on liquidation shall provide for the destruction or other disposition of the books and records of the licensee or pertaining to the liquidation of the licensee, and the court may declare the licensee dissolved as a corporation.
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Financial Code - FIN - FIN § 1766
Financial Code - FIN - FIN § 1766
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 its primary office.
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Financial Code - FIN - FIN § 1767
Financial Code - FIN - FIN § 1767
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 or in adjoining buildings. However, for good cause and with the approval of the commissioner, the bank may conduct part of the business of