Corpus browser
179663 records-
Open
Financial Code - FIN - FIN § 18439
Financial Code - FIN - FIN § 18439
If any amount in excess of the charges permitted by this division, including interest, is charged, contracted for, or received in the making or collection of a contract of loan, except as a result of an accidental and bona fide error in computation, such contract is void and no p
-
Open
Financial Code - FIN - FIN § 18440
Financial Code - FIN - FIN § 18440
An industrial loan company shall not take any confession of judgment or any power of attorney at the time of making the loan except a power of attorney taken to effectuate the transfer of the ownership of any motor vehicle, the transfer of the ownership of securities, or the canc
-
Open
Financial Code - FIN - FIN § 18441
Financial Code - FIN - FIN § 18441
No person in connection with or incidental to the making of any loan under this division, shall require the borrower to contract for, purchase, or agree to purchase anything in connection with the loan. A policy of insurance of the type specified in Article 6 (commencing with Sec
-
Open
Financial Code - FIN - FIN § 18442
Financial Code - FIN - FIN § 18442
An industrial loan company shall not make any loan of money or property to or guarantee the obligation of any person upon the security of its capital (including the shares of capital stock) of the company, its holding company, or its affiliates.
-
Open
Financial Code - FIN - FIN § 18443
Financial Code - FIN - FIN § 18443
If any loan or guaranty is made in violation of Section 18436 or 18442, the directors and officers who authorize it or assent thereto are jointly and severally liable to the company as guarantors for the repayment or return of the sum or value so loaned with interest thereon at t
-
Open
Financial Code - FIN - FIN § 18444
Financial Code - FIN - FIN § 18444
Any officer or director held liable under Section 18443, who satisfies such liability is entitled to contribution from any other officer or director who participates in authorizing, making or allowing any such loan or guaranty, and is subrogated to all rights of the corporation a
-
Open
Financial Code - FIN - FIN § 18445
Financial Code - FIN - FIN § 18445
Any director, officer, or employee of an industrial loan company, its holding company, or its affiliates who asks for or receives, or consents or agrees to receive any commission, emolument, or gratuity or any money, property, or thing of value for procuring or endeavoring to pro
-
Open
Financial Code - FIN - FIN § 18446
Financial Code - FIN - FIN § 18446
Any director, officer, or employee of an industrial loan company, its holding company, or its affiliates who knowingly receives or possesses himself of any of its property otherwise than in payment of a just demand, or with intent to defraud, omits to make or causes to be made a
-
Open
Financial Code - FIN - FIN § 18447
Financial Code - FIN - FIN § 18447
Any director, officer, or employee of an industrial loan company, its holding company, or its affiliates who knowingly makes or concurs in making or publishing any false entry in its books or records, any written report, exhibit, or statement of its affairs or pecuniary condition
-
Open
Financial Code - FIN - FIN § 18448
Financial Code - FIN - FIN § 18448
No director, officer, stockholder, or employee of an industrial loan company, its holding company, or its affiliates shall purchase, directly or indirectly, or be interested in the purchase of, any of the company’s assets for an amount less than the then current market value ther
-
Open
Financial Code - FIN - FIN § 18449
Financial Code - FIN - FIN § 18449
Every director of an industrial loan company who: (a) In the case of the fraudulent insolvency of such company, shall have participated in such fraud; or (b) Willfully does any act as such director which is expressly forbidden by law or willfully omits to perform any duty imposed
-
Open
Financial Code - FIN - FIN § 18450
Financial Code - FIN - FIN § 18450
A director, officer, or employee of an industrial loan company, its holding company, or its affiliates who concurs in any vote or act by which it is intended to make a loan or purchase a contract in violation of this division, is guilty of a misdemeanor.
-
Open
Financial Code - FIN - FIN § 18451
Financial Code - FIN - FIN § 18451
A director, officer, or employee of an industrial loan company, its holding company, or its affiliates who makes or maintains, or attempts to make or maintain, a deposit of such company’s funds with any other person on condition, or with the understanding, express or implied, tha
-
Open
Financial Code - FIN - FIN § 18452
Financial Code - FIN - FIN § 18452
Every officer or employee of an industrial loan company, its holding company, or its affiliates who sells investment or thrift certificates knowing that the company is insolvent, is guilty of a misdemeanor.
-
Open
Financial Code - FIN - FIN § 18453
Financial Code - FIN - FIN § 18453
Any person who knowingly sells investment certificates in violation of any provision of this division or any order or regulation of the commissioner, is guilty of a felony.
-
Open
Financial Code - FIN - FIN § 18454
Financial Code - FIN - FIN § 18454
Any director, officer, agent or employee of an industrial loan company, its holding company, or its affiliates who willfully makes a false or untrue entry in any book or record or in any report, tag, or statement of the business, affairs, or condition, or in connection with any t
-
Open
Financial Code - FIN - FIN § 18454.5
Financial Code - FIN - FIN § 18454.5
It is unlawful for any person to willfully make any untrue statement of a material fact in any document filed with the commissioner under this division, or to willfully omit to state in any document any material fact which is required to be stated therein.
-
Open
Financial Code - FIN - FIN § 18455
Financial Code - FIN - FIN § 18455
An industrial loan company shall not, directly or indirectly, make any loan to, or purchase a contract, loan, or chose in action from, hold a lease obligation of, or purchase a lease contract from, any of the following: (a) A person who is an officer or director of the industrial
-
Open
Financial Code - FIN - FIN § 18456
Financial Code - FIN - FIN § 18456
The provisions of this chapter shall be applicable to lease obligations.
-
Open
Financial Code - FIN - FIN § 18457
Financial Code - FIN - FIN § 18457
Any officer, director, employee, or agent of any company who abstracts or willfully misapplies any of the money, funds, or property of the industrial loan company, or willfully misapplies its credit, is guilty of a felony. Upon conviction, the court shall, in addition to any othe
-
Open
Financial Code - FIN - FIN § 18475
Financial Code - FIN - FIN § 18475
“Guaranty corporation” means Thrift Guaranty Corporation of California which exists under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code).
-
Open
Financial Code - FIN - FIN § 18476
Financial Code - FIN - FIN § 18476
(a) “Member” means an industrial loan company required by Section 18100.5 to be a member of Guaranty Corporation. “Member” includes “special member” except where the term “special member” is used in the same section of this chapter. (b) “Special member” means a member whose thrif
-
Open
Financial Code - FIN - FIN § 18477
Financial Code - FIN - FIN § 18477
“Thrift obligations” as used in this chapter include principal invested in investment or thrift certificates however evidenced, and unpaid interest thereon accrued as of the last interest accrual date prior to the date the commissioner takes possession of the property and busines
-
Open
Financial Code - FIN - FIN § 18478
Financial Code - FIN - FIN § 18478
“Fund” means the Guaranty Corporation Fund established pursuant to Section 18535.
-
Open
Financial Code - FIN - FIN § 18479
Financial Code - FIN - FIN § 18479
“Capital contribution” means the amount each member is required to maintain as an investment in the corporation pursuant to Section 18535.