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Financial Code - FIN - FIN § 4943
Financial Code - FIN - FIN § 4943
In obtaining any approval of outstanding shares required for a plan of conversion, a converting depository corporation shall provide to its shareholders information as the commissioner may require. In determining the information to be required, the commissioner shall give due con
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Financial Code - FIN - FIN § 4944
Financial Code - FIN - FIN § 4944
A converting depository corporation shall file the following with the commissioner: (a) The plan of conversion. (b) An officer’s certificate certifying that the plan of conversion has been approved as required by federal law. (c) An application for approval of the conversion.
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Financial Code - FIN - FIN § 4945
Financial Code - FIN - FIN § 4945
If the commissioner finds all of the factors set forth in Section 4925 with respect to an application for approval of a conversion, the commissioner shall approve the application. If the commissioner finds otherwise, the commissioner shall deny the application for approval of the
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Financial Code - FIN - FIN § 4946
Financial Code - FIN - FIN § 4946
After an application for approval of a conversion has been approved by the commissioner but before the conversion becomes effective, the converting depository corporation shall file with the commissioner an application for approval of the articles of the resulting depository corp
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Financial Code - FIN - FIN § 4948
Financial Code - FIN - FIN § 4948
(a) After an application for approval of a conversion has been approved and all conditions precedent to the conversion have been fulfilled, the commissioner shall: (1) In case the resulting depository corporation is a California state bank, issue to the resulting depository corpo
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Financial Code - FIN - FIN § 4949
Financial Code - FIN - FIN § 4949
When a conversion becomes effective, the commissioner shall issue to the resulting depository corporation certificates of authority, licenses, or other appropriate authorizations for the branch offices, places of business, extensions of offices, and other facilities, if any, that
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Financial Code - FIN - FIN § 4950
Financial Code - FIN - FIN § 4950
When a conversion becomes effective: (a) The converting depository corporation shall cease to exist. (b) The resulting depository corporation shall succeed, without other transfer, to all the rights and property of the converting depository corporation and shall be subject to all
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Financial Code - FIN - FIN § 4951
Financial Code - FIN - FIN § 4951
Promptly after a conversion becomes effective, the resulting depository corporation shall: (a) Surrender to the regulator of the converting depository corporation for cancellation the certificates of authority or licenses issued to the converting depository corporation by the reg
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Financial Code - FIN - FIN § 4952
Financial Code - FIN - FIN § 4952
(a) After a conversion becomes effective, the commissioner shall issue, upon application, a certificate under his or her official seal, stating that the converting depository corporation was converted into the resulting depository corporation and specifying the time at which the
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Financial Code - FIN - FIN § 4960
Financial Code - FIN - FIN § 4960
In this article, unless the context otherwise requires, “conversion” means any of the conversions described in Section 4961.
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Financial Code - FIN - FIN § 4961
Financial Code - FIN - FIN § 4961
(a) A California state bank may convert into a national banking association pursuant to this article and federal law. (b) A California state depository corporation of any class may convert into a federal depository corporation of another class pursuant to this article and federal
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Financial Code - FIN - FIN § 4961.5
Financial Code - FIN - FIN § 4961.5
(a) No provision of Division 1.1 (commencing with Section 1000), except the provisions of Chapter 19 (commencing with Section 1670) of Division 1.1, prohibits or restricts the conversion of a California state bank. (b) No provision of Division 2 (commencing with Section 5000) pro
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Financial Code - FIN - FIN § 4962
Financial Code - FIN - FIN § 4962
(a) A converting depository corporation shall make a plan of conversion, stating: (1) That the converting depository corporation shall be converted into the resulting depository corporation. (2) Proposed articles of the resulting depository corporation. (3) Manner of converting t
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Financial Code - FIN - FIN § 4963
Financial Code - FIN - FIN § 4963
A conversion shall have the same effect as provided in Section 4950 in the case of a conversion of the type defined in Section 4940.
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Financial Code - FIN - FIN § 4964
Financial Code - FIN - FIN § 4964
Promptly after a conversion becomes effective, the resulting depository corporation shall: (a) Surrender to the commissioner for cancellation the certificates of authority or licenses issued by the commissioner to the converting depository corporation; and (b) File with the commi
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Financial Code - FIN - FIN § 4965
Financial Code - FIN - FIN § 4965
(a) After a conversion becomes effective, the resulting depository corporation may issue an officers’ certificate, stating that the converting depository corporation converted into the resulting depository corporation and specifying the time at which the conversion became effecti
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Financial Code - FIN - FIN § 4966
Financial Code - FIN - FIN § 4966
(a) Within 60 days after a conversion, the resulting depository corporation shall file with the Secretary of State an officers’ certificate reciting the name of the converting depository corporation, the name of the resulting depository corporation, the effective date of the conv
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Financial Code - FIN - FIN § 4970
Financial Code - FIN - FIN § 4970
For purposes of this division: (a) “Annual percentage rate” means the annual percentage rate for the loan calculated according to the provisions of the federal Truth in Lending Act and the regulations adopted thereunder by the Consumer Financial Protection Bureau. (b) “Covered lo
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Financial Code - FIN - FIN § 4973
Financial Code - FIN - FIN § 4973
The following are prohibited acts and limitations for covered loans: (a) (1) A covered loan shall not include a prepayment fee or penalty after the first 36 months after the date of consummation of the loan. (2) A covered loan may include a prepayment fee or penalty up to the fir
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Financial Code - FIN - FIN § 4974
Financial Code - FIN - FIN § 4974
(a) Any compliance failure that was not willful or intentional and resulted from a bona fide error, that occurred notwithstanding the maintenance of procedures reasonably adopted to avoid those errors, including, but not limited to, those involving clerical, calculation, computer
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Financial Code - FIN - FIN § 4975
Financial Code - FIN - FIN § 4975
(a) (1) Any licensed person who violates any provision of Section 4973, 4979.6, or 4979.7 shall be deemed to have violated that person’s licensing law. (2) After a knowing and willful violation, the licensing agency may bring a proceeding to suspend the license of the licensed pe
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Financial Code - FIN - FIN § 4977
Financial Code - FIN - FIN § 4977
(a) A licensing agency may, after appropriate notice and opportunity for hearing, by order levy administrative penalties against a person who violates any provision of this division, and the person shall be liable for administrative penalties of not more than two thousand five hu
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Financial Code - FIN - FIN § 4978
Financial Code - FIN - FIN § 4978
(a) A person who fails to comply with the provisions of this division is civilly liable to the consumer in an amount equal to any actual damages suffered by the consumer, plus attorneys fees and costs. For a willful and knowing violation of this division, the person shall be liab
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Financial Code - FIN - FIN § 4978.6
Financial Code - FIN - FIN § 4978.6
A person who originates covered loans shall inform any employee, who originates covered loans on behalf of the person, of the administrative or civil penalties for a violation of this division.
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Financial Code - FIN - FIN § 4979
Financial Code - FIN - FIN § 4979
Upon request, a person who originates a covered loan shall provide the licensing agency or the consumer, at no cost, documentation regarding his or her loan that clearly demonstrates whether any loan is a covered loan. This documentation shall include, but not be limited to, full