California Administrative Code

If the Commissioner finds that any subject institution or any regulated corporation has violated any provision of this Subarticle, the Commissioner may issue such orders as may be appropriate or necessary in the circumstances, including an order ordering the subject institution o…

(a) In this Subarticle: (1) To “invest,” when used with respect to a corporation, means: (A) To invest in equity securities of the corporation; (B) To become or be the owner of any other securities of the corporation; (C) To make a loan or otherwise extend credit to or for the be…

(a) This Subchapter shall be known and may be cited as the “Banking Regulations.” (b) The first unit of the number of each Section in this Subchapter is “10.” However, in citing a section of this Subchapter, a person may omit the first unit of the number of such section if it is …

This Part contains regulations relating to an application for authority to organize a subject institution.

(a) Provide a table showing, with respect to each proposed director of the subject institution: (1) Name. (2) Business address. (3) Home address. (4) Age. (5) Business or occupation. (6) Amount of shares of the subject institution for which the proposed director and his consociat…

(a) Provide a table showing, with respect to the proposed chief executive officer of the subject institution and, in case the subject institution is to be a commercial bank with trust department, the proposed senior trust officer, and any other proposed officer of the subject ins…

(a) State the total amount of pre-opening capital expenditures which have been or are proposed to be incurred, and provide an itemized schedule of such pre-opening capital expenditures. (b) State the total amount of pre-opening noncapital expenditures which have been or are propo…

(a) Provide a pro forma fiduciary statement of the subject institution as of the first half-year of business, as of the end of the first year of business, and as of the end of the second year of business, stating, with respect to each of the following types of fiduciary accounts,…

State whether or not it is proposed that the subject institution be a member bank.

An application for authority to organize a subject institution shall be accompanied by the fee prescribed in Financial Code Section 360.

In this Subpart: (a) “Offer” or “offer to sell” has the meaning set forth in Financial Code Section 1200(a). (b) “Sale” or “sell” has the meaning set forth in Financial Code Section 1200(b). (c) “Security” has the meaning set forth in Financial Code Section 1200(c).

(a) The manager of a pre-incorporation pre-opening funds account shall keep and maintain records containing: (1) With respect to each deposit to the account: (A) Date of deposit. (B) Amount of money deposited. (C) Name of person from whom such money was accepted. (2) With respect…

No proposed director, proposed officer, or organizer of a proposed subject institution shall use the name of such proposed subject institution in any document unless the designation “Proposed” is appended to such name.

There are hereby exempted from the provisions of Section 10.3476 of this Chapter as not being comprehended within the purposes of Section 10.3476 of this Chapter and the regulation of which is not necessary or appropriate in the public interest or for the protection of the public…

No subject institution shall, at any time before commencing business, use its name in any document unless the designation “In Organization” is appended to such name.

(a) Except with the prior approval of the Commissioner, no person shall be elected as a director of a subject institution at any time before such subject institution commences business other than a person named as a proposed director in the application for authority to organize t…

An application for authority to engage in trust business shall contain the information called for in Sections 10.3752 to 10.3765, inclusive, of this Chapter.

(a) Except with the prior approval of the Commissioner, no applicant shall, at any time before commencing trust business, appoint as an officer of its trust department any person not named as such proposed officer in its application for authority to engage in trust business. (b) …

In this Subchapter, all references to financial statements and all references to assets, liabilities, earnings, retained earnings, and similar accounting items mean such financial statements and such accounting items prepared or determined in conformity with generally accepted ac…

An application for approval to convert into a subject institution shall contain the information called for in Sections 10.4353 to 10.4364, inclusive, of this Chapter.

State the proposed name of the subject institution.

Not less than five business days before converting into a subject institution, an applicant shall file with the Commissioner a report stating, with respect to each owner of record of 25 percent or more of any of the issued and outstanding securities of such applicant: (a) Name. (…

(a) The Commissioner's approval of an application for approval to convert into a subject institution shall, unless extended by the Commissioner, expire six months after the date of such approval. (b) An application for an extension of the Commissioner's approval of an application…

In determining for purposes of this Subchapter the number of persons to whom an offer or sale of securities is made or by whom securities are held, the following shall be counted as one person: (a) A person, his spouse, and any relative of such person or of such spouse who has th…

A subject institution may engage in the business of delivering funds and documents from such subject institution to customers of the subject institution and from customers of the subject institution to the subject institution, and no place at which a subject institution delivers …

An application for approval to relocate a head office shall be accompanied by the fee prescribed in Financial Code Section 420.

State whether or not the applicant proposes to sell, lease, or otherwise transfer any of the banking premises of its head office--old site to any person who is, or is a consociate of, any (a) director or proposed director, (b) officer or proposed officer, (c) controlling person, …

This Subpart contains regulations relating to an application by an applicant for approval to relocate its head office and an application by such applicant for authority to establish a branch office in a case where the applicant proposes simultaneously to relocate such head office…

State the reasons why the applicant wishes to relocate its head office and to establish the branch office.

Except in the case of an application which is subject to subpart 4 (commencing with section 10.6400) of this part, an applicant shall give notice of the relocation of its head office by posting for a period of not less than 30 days before the effective date of the relocation on t…

In this Subarticle, “parent office,” when used with respect to a special branch office of a subject institution, means the head office or regular branch office of such subject institution at which the records of such special branch office are domiciled.

(a)(1) Subpart 2 (commencing with Section 10.7325) of this Part does not apply to any application for approval to relocate a branch office which is deemed to be included in the application for authority to establish such branch office pursuant to Section 10.6702 of this Chapter. …

An application for approval to relocate a branch office shall be accompanied by the fee prescribed in Financial Code Section 507.

This Subpart contains regulations which set forth administrative standards and procedures relating to an application by an applicant for approval to relocate a branch office.

For purposes of the Banking Law and this Chapter: (a) A place at which a subject institution transacts business does not on that account constitute a place of business of such subject institution unless the subject institution transacts business with the public at such place. Acc…

As an administrative standard, the Commissioner generally will not grant an application for authority to establish a foreign place of business if any law or administrative policy of the state of the United States or the foreign nation where such place of business is proposed to b…

Designated Positions Disclosure Category 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 Consultants/New Positions *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following lim…

With respect to income-based advances, these terms shall have the following meanings: (a) “Amount due” means the amount to be paid by the consumer of an income-based advance on the collection date. (b) “Account transfer fee” means a fee imposed to move an income-based advance fro…

(a) The Program shall deliver the Employee Information Packet to each Eligible Employee within 10 days of the Participating Employer completing the actions required under Section 10003(a) or 10003(b). (b) An Eligible Employee shall be enrolled into the Program if they do not opt …

(a) The Board shall offer financial incentives to Participating Employers that meet the requirements of subsections (b) and (f). (1) Financial incentives offered by the Board pursuant to this Section shall be: (A) In the amount of $500 per awardee. (B) Disbursed via Electronic Fu…

The term “public record” means any of the following records which are retained by the Department: (a) Copy of independent audit report filed with the Commissioner under Section 8751 of the Financial Code. If in the judgment of the Commissioner, the public welfare or the welfare o…

(a) The schedule and key steps of this grant program are provided in Table 1. The application process consists of two stages. (1) Stage One is pre-application. After informal consultation with the Office of Offshore Development, coastal cities will prepare and submit to SEA pre-a…

(a) General. An application for a change of location of an existing facility shall have no priority of decision, or area or time preemption. An application for a change of location of an existing facility may be accepted where both the old and new locations are within the same ar…

In reaching a decision, the commissioner may take official notice of the records of the Department, of the rules and requirements of the Board and the Federal Savings and Loan Insurance Corporation, of any generally accepted technical or scientific matter within the Department's …

(a) The definitions set forth in Article 2, Chapter 1, Part 1, Division 2; and Chapter 1, Part 4, Division 2; and Sections 1 through 21, Financial Code, are incorporated herein by reference. (b) For purposes of this subchapter the term “merger” includes a merger, a consolidation …

One of the constituent associations shall immediately give written notice to the commissioner, at the earliest time that would not violate the disclosure rules of the United States Securities and Exchange Commission, Stock Exchange rules, or court decisions, when the boards of di…

Registration application shall be typed in duplicate and filed in accordance with such instructions as the commissioner may publish from time to time. Applications will be deemed to be filed upon receipt in either office of the Department of Savings and Loan. The instructions sha…

(a) In administering Sections 10232.1 and 10235 of the Code, the commissioner shall take such action as is appropriate to prevent or halt the publication of advertising that is false, misleading or deceptive in itself or through the omission of information necessary to make a rep…