CHAPTER 1. Definitions [99. - 217.]
Chapter 1 added by Stats. 2011, Ch. 243, Sec. 2.
§§ 99–217 · 63 sections
- § 99 This division, Division 1.1 (commencing with Section 1000), Division 1.2 (commencing with Section 2000), Division 1.6 (commencing with Section 4800), Division…
- § 101 If and to the extent that any provision of the Financial Institutions Law is preempted by federal law, the provision does not apply and shall not be enforced.
- § 103 The word “bank” as used in the Financial Institutions Law means any incorporated banking institution that shall have been incorporated to engage in commercial…
- § 105 Banks are divided into the following classes: (a) Commercial banks. (b) Industrial banks. (c) Trust companies.
- § 107 “Commercial bank” means a corporation organized for the purpose of engaging in the commercial banking business.
- § 109 “Commercial banking business” includes, but is not limited to, the business of soliciting, receiving, or accepting of money or its equivalent on deposit as a…
- § 111 “Industrial bank” means a corporation organized for the purpose of engaging in the industrial banking business.
- § 113 “Industrial banking business” includes the making of loans and acceptance of deposits, including deposits evidenced by investment or thrift certificates, but…
- § 115 “Trust business” means the business of acting as executor, administrator, guardian or conservator of estates, assignee, receiver, depositary or trustee under…
- § 117 “Trust company” means a corporation, industrial bank, or a commercial bank that is authorized to engage in the trust business.
- § 119 “Bank” or “banks” includes a public bank, as defined in Section 57600 of the Government Code, commercial banks, industrial banks, and trust companies unless…
- § 121 (a) “Office” includes head office, branch office, and any other authorized place of business of a licensee. (b) “Head office” means the principal place of…
- § 123 “Real property” and “personal property” have the meanings defined in and shall be construed in accordance with Title 1 (commencing with Section 654) of Part 1…
- § 125 “Commissioner” means the Commissioner of Financial Protection and Innovation and “department” means the Department of Financial Protection and Innovation.
- § 127 “Person” means an individual, sole proprietorship, partnership, joint venture, association, trust, estate, business trust, corporation, joint stock company,…
- § 129 Unless the provision or the context otherwise requires, the definitions set forth in this chapter govern the construction of the Financial Institutions Law.
- § 131 References in this division to the voting of shares shall be construed in accordance with Section 111 of the Corporations Code.
- § 133 If the articles of a bank provide for more or less than one vote for any share on any matter, the references in Sections 139 and 141 to a majority or other…
- § 135 Any requirement in this division for a vote of each class of outstanding shares shall be construed in accordance with Section 117 of the Corporations Code.
- § 137 “Approved by (or approval of) the board” means approved or ratified by the vote of the board or by the vote of a committee authorized to exercise the powers of…
- § 139 “Approved by (or approval of) the outstanding shares” has the meaning set forth in Section 152 of the Corporations Code and shall include approval by the…
- § 141 “Approved by (or approval of) the shareholders” has the meaning set forth in Section 153 of the Corporations Code and shall include approval or ratification by…
- § 143 “Articles” has the meaning set forth in Section 154 of the Corporations Code.
- § 145 “Board” has the meaning set forth in Section 155 of the Corporations Code.
- § 147 “California” means: (a) When used with respect to a bank, in the case of a state bank, a bank that is organized under the laws of this state and, in the case…
- § 149 “CAMELS composite rating” shall have the meaning set forth in Section 327.8(j) of Title 12 of the Code of Federal Regulations.
- § 151 “Certificate of correction” means a certificate executed and filed with the Secretary of State pursuant to Section 109 of the Corporations Code, subject,…
- § 153 “Certificate of determination” has the meaning set forth in Section 156 of the Corporations Code, subject, however, to the provisions of Section 1104.
- § 155 “Certificate of revocation” means a certificate executed and filed with the Secretary of State pursuant to the second and third sentences of subdivision (c) of…
- § 157 “Common shares” has the meaning set forth in Section 159 of the Corporations Code.
- § 159 (a) “Confidential information” means any information regarding a licensee contained in, or related to, any of the following: (1) Applications filed with the…
- § 161 “Constituent corporation,” when used with respect to a corporation: (a) In the case of a merger, has the meaning set forth in Section 161 of the Corporations…
- § 163 “Contributed capital” means all of shareholders’ equity other than retained earnings. However, nothing in this section shall prohibit a bank from transferring…
- § 165 “Credit union” means a corporation of the type described in Section 14002 organized under the laws of this state or a corporation of similar type organized…
- § 167 “Directors” has the meaning set forth in Section 164 of the Corporations Code.
- § 169 “Disappearing,” when used with respect to a corporation, means a constituent corporation that is not the surviving corporation.
- § 171 “Distribution to its shareholders” has the meaning set forth in Section 166 of the Corporations Code. However, in Division 1 (commencing with Section 100),…
- § 173 (a) “Foreign,” when used with respect to a bank, an office of a bank, or any corporation other than a bank, means foreign (other nation) or foreign (other…
- § 175 “Foreign nation” means any nation other than the United States, including, without limitation, any subdivision, territory, trust territory, dependency, colony,…
- § 177 (a) The definition of “state of the United States” in Section 207 does not apply to this section. In this section, “state of the United States” means any state…
- § 179 “Foreign (other state)”: (a) When used with respect to a bank, means a bank that is organized under the laws of any state of the United States other than this…
- § 181 “Insured”: (a) When used with respect to a bank or an office of a bank, means a bank or office the deposits of which are insured by the Federal Deposit…
- § 183 “Law of the domicile” means: (a) When used with respect to a national bank, the law of the United States. (b) When used with respect to a state bank, the law…
- § 185 “Licensee” has the following meanings: (a) Any bank authorized by the commissioner pursuant to Section 1042 to transact banking or trust business. (b) Any…
- § 186 “Majority-owned subsidiary” has the meaning set forth for “subsidiary” in subdivision (a) of Section 189 of the Corporations Code.
- § 187 “Member of the public” means any person, except an agent, officer, or employee of the department acting within the scope of his or her agency, office, or…
- § 188 “Money transmitter” means a person authorized pursuant to Chapter 3 (commencing with Section 2030) of Division 1.2 to engage in the business of money…
- § 189 (a) “National bank” or “national banking association” means a national banking association organized under the National Bank Act. (b) For purposes of the…
- § 190 “Officer” means: (a) When used with respect to a corporation, any person appointed or designated as an officer of the corporation by or pursuant to applicable…
- § 191 “Officers’ certificate” has the meaning set forth in Section 173 of the Corporations Code.
- § 193 “Resulting,” when used with respect to a corporation, means: (a) In the case of a consolidation, the corporation into which the constituent corporations are…
- § 195 “ROCA supervisory rating” shall have the meaning set forth in Section 327.8(k) of Title 12 of the Code of Federal Regulations.
- § 197 “Savings association” includes a savings association, a savings and loan association, and a savings bank. However, “savings association” does not include any…
- § 199 “Series,” when used with respect to shares, has the meaning set forth in Section 183 of the Corporations Code.
- § 201 “Shares” has the meaning set forth in Section 184 of the Corporations Code.
- § 203 “Shareholder” has the meaning set forth in Section 185 of the Corporations Code.
- § 205 “State”: (a) When used with respect to a corporation, means a corporation that is organized under the laws of a state of the United States. (b) When used with…
- § 207 “State of the United States” means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American…
- § 209 “Surviving,” when used with respect to a corporation, means a corporation in which one or more other corporations are merged.
- § 211 “Uniform Interagency Trust Rating System (UITRS)” shall have the meaning set forth in the policy statement regarding the uniform interagency trust rating…
- § 213 “Uniform Rating System for Informational Technology (URSIT)” shall have the meaning set forth in the policy statement regarding the uniform rating system for…
- § 215 “Vote” has the meaning set forth in Section 194 of the Corporations Code.
- § 217 “Voting power” has the meaning set forth in Section 194.5 of the Corporations Code.