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Financial Code - FIN - FIN § 5205

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5205

Whenever the term “ association” is used in any provision of law, such term shall be deemed to include savings banks organized under this division; and wherever the term “federal association” is so used, such term shall be deemed to include federal savings banks.

Financial Code - FIN - FIN § 5205.5

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5205.5

(a) All references in this division to financial statements, balance sheets, income statements, and statements of changes in financial position of an association and all references to assets, liabilities, earnings, retained earnings, shareholders’ equity, and similar accounting i

Financial Code - FIN - FIN § 5206

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5206

Whenever the terms “board of directors,” “directors,” or “director” are used in any provision of law, such terms shall mean, with respect to savings banks organized under this division, “board of trustees,” “trustees,” or “trustee.”

Financial Code - FIN - FIN § 5207

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5207

If any provision, clause, or phrase of this division or application to any person or circumstance is held invalid, its invalidity shall not affect other provisions or applications of this division that can be given effect without the invalid provisions or application, and to this

Financial Code - FIN - FIN § 5208

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5208

This division, being a comprehensive coverage of its subject matter, shall not be deemed to be impliedly repealed, in whole or in part, by subsequent legislation not specifically repealing it, if that construction can be avoided.

Financial Code - FIN - FIN § 5209

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5209

Insofar as the provisions of this division are inconsistent with any other law in effect at the time the provisions of this division are enacted, the provisions of this division shall control. Except as provided in subdivision (a) of Section 6500, nothing within this section is i

Financial Code - FIN - FIN § 521

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 521

(a) A bank or credit union subject to the examination authority of the commissioner shall report annually, on or before March 1, to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees collected in the most recently completed calendar

Financial Code - FIN - FIN § 530

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 530

A bank or credit union subject to the examination authority of the commissioner shall not charge a consumer a nonsufficient funds fee, as defined in Section 521, when the consumer’s attempt to initiate a transaction is declined instantaneously or near instantaneously by the bank

Financial Code - FIN - FIN § 5300

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5300

Every person who willfully violates or willfully fails to comply with any of the provisions of this division is guilty of a public offense. Except where the offense is declared to be a felony or a misdemeanor or a different punishment is prescribed, a person convicted under this

Financial Code - FIN - FIN § 5301

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5301

(a) The commissioner may refer such evidence as is available concerning any violation of this division or of any regulation, order issued by the commissioner, or of any condition imposed in writing by the commissioner in connection with any grant of any application or request by

Financial Code - FIN - FIN § 5302

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5302

(a) Whoever knowingly violates subdivision (a) or (b) of Section 6525.5 shall be punished by a fine of not more than one million dollars ($1,000,000) for each day the violation continues, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 2, 3, or 4

Financial Code - FIN - FIN § 5303

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5303

Any officer, director, employee, or agent of any association who (a) willfully makes or knowingly concurs in the making or publishing of a false or untrue material entry in any book, record, report, statement concerning the business or affairs of the association, or statement of

Financial Code - FIN - FIN § 5304

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5304

(a) It is unlawful for any person to corruptly give, offer, or promise anything of value to any other person, with intent to influence or reward any institution-affiliated party in connection with any business or transaction of a savings association. (b) It is unlawful for any in

Financial Code - FIN - FIN § 5305

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5305

Any institution-affiliated party who abstracts or willfully misapplies any of the money, funds, or property of the savings association, or willfully misapplies its credit, is guilty of a felony and shall be punished by a fine of not more than one million dollars ($1,000,000), by

Financial Code - FIN - FIN § 5306

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5306

Any institution-affiliated party who knowingly executes, or attempts to execute, a scheme or artifice to defraud a savings association or to obtain any of the moneys, funds, credits, assets, securities or other property owned by or under the custody or control of a savings associ

Financial Code - FIN - FIN § 5307

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5307

Whoever willfully and knowingly makes, issues, circulates, transmits, or causes or knowingly permits to be made, issued, circulated, or transmitted, any statement or rumor which is written, printed, reproduced in any manner, or communicated by word of mouth, that is untrue in fac

Financial Code - FIN - FIN § 5308

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5308

Whoever knowingly makes or causes to be made, directly or indirectly, or through any agency whatsoever, any false statement or report, or willfully overvalues any land, property, or security, for the purpose of influencing in any way the action of any association upon any applica

Financial Code - FIN - FIN § 5309

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5309

(a) A person shall be sentenced to consecutive terms for each violation of Section 5303, 5304, 5305, or 5306 up to a mandatory term of 20 years in state prison if all of the following are charged in the accusatory pleading and admitted by the defendant, or found to be true by the

Financial Code - FIN - FIN § 5310

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5310

(a) Any person violating or conspiring to violate Sections 5303, 5304, 5305, or 5306 shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section. (b) The maximum amount of the penalty which may be imposed under this section shall be

Financial Code - FIN - FIN § 5311

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5311

(a) Any fine or civil penalty imposed under this chapter shall be based upon the ability of the defendant to pay. In setting the amount of the fine or civil penalty, consideration shall also be given to the seriousness of the offense, the amount of any pecuniary gain by the defen

Financial Code - FIN - FIN § 5320

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5320

If a person is convicted of a violation of Section 5303, 5304, 5305, or 5306, or is convicted of a felony for a violation of Section 25540 or 25541 of the Corporations Code in connection with the operation of a lending institution subject to the jurisdiction of the department pur

Financial Code - FIN - FIN § 5321

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5321

(a) The prosecuting agency shall, prior to, in conjunction with, or subsequent to the criminal proceeding, file a petition of forfeiture with the superior court of the county in which the defendant has been or will be charged with the underlying criminal offense. The petition sha

Financial Code - FIN - FIN § 5322

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5322

(a) Any person claiming an interest in the property may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verif

Financial Code - FIN - FIN § 5323

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5323

(a) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders to preserve the status quo of the property alleged in the petition of forfeiture: (1) An injunction to restrain all interes

Financial Code - FIN - FIN § 5324

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 5324

(a) If the trier of fact at the forfeiture hearing finds that the alleged property or proceeds is forfeitable pursuant to Section 5320, the court shall declare that property or proceeds forfeited to the state or local governmental entity, subject to distribution as provided in Se