CHAPTER 10. Restrictions and Prohibited Practices [1320. - 1367.]

Chapter 10 added by Stats. 2011, Ch. 243, Sec. 3.

§§ 1320–1367 · 30 sections

1. ARTICLE 1. General Provisions §§ 1320–1341 · 22 sections

   • § 1320 A bank or trust company may purchase, acquire, hold, or lease real property or an interest therein only as follows: (a) Such as may be necessary or convenient…
   • § 1321 Any real property not held for any purpose permitted by subdivisions (a) and (e) of Section 1320 shall be sold whenever the same can be sold for an amount…
   • § 1322 (a) The Legislature finds and declares: (1) That it is necessary to increase job opportunities in real estate development and construction and to provide…
   • § 1323 Any director, officer, or employee of a bank or of a foreign banking corporation who asks for or receives, or consents or agrees to receive, any commission,…
   • § 1324 Any director, officer, agent, or employee of any bank who knowingly receives or possesses himself or herself of any of its property otherwise than in payment…
   • § 1325 Any director, officer, agent, or employee of a bank who knowingly concurs in making or publishing any written report, exhibit, or statement of its affairs or…
   • § 1326 No bank shall publish a statement of its resources or liabilities in connection with those of any other bank, unless such statement shall show the resources…
   • § 1327 (a) Any person who willfully and knowingly makes, circulates, or transmits to another or others, any statement or rumor, written, printed, or by word of mouth,…
   • § 1328 (a) A bank or trust company may engage in the business of renting safe deposit boxes and may receive personal property for safekeeping and storage on its…
   • § 1329 (a) In this section, “subject person,” when used with respect to a bank, means any director or officer of the bank, any controlling person of the bank, or any…
   • § 1330 (a) In this section, “subject person” has the meaning set forth in subdivision (a) of Section 1329. (b) No subject person of a bank shall purchase, directly or…
   • § 1331 (a) For purposes of this section, the following terms have the following meanings: (1) “Carrying a security” means maintaining, reducing, or retiring…
   • § 1332 Any officer, director, trustee, employee, or agent of any bank in this state, who abstracts or willfully misapplies any of the money, funds, or property of the…
   • § 1333 (a) Every director of a bank in this state who does either of the following is guilty of a misdemeanor: (1) In case of the fraudulent insolvency of such bank,…
   • § 1334 An officer or agent of any bank in this state, who makes or delivers any guaranty or endorsement on behalf of such bank, whereby it may become liable upon any…
   • § 1335 A director of a bank, organized under the laws of this state, who concurs in any vote or act of the directors of such corporation, or any of them, by which it…
   • § 1336 Any director, trustee, officer, or employee of any bank organized under the laws of this state, who makes or maintains, or attempts to make or maintain, a…
   • § 1337 Any officer or employee of any bank organized under the laws of this state, who intentionally conceals from the directors of the bank any discounts or loans…
   • § 1338 Every officer, agent, teller, or clerk of any bank, and every individual banker, or agent, teller, or clerk of any individual banker, who receives any…
   • § 1339 Any officer, director, trustee, employee, or agent of any bank, who willfully makes a false or untrue entry in any book or record or in any report, tag, or…
   • § 1340 Unless specifically authorized by law or by the commissioner, a bank shall not become, act as, or in any other manner assume the duties or liabilities of, a…
   • § 1341 A bank, or the agent of a bank, that has received a notice pursuant to Section 7507.6 of the Business and Professions Code, shall not make a subsequent…
2. ARTICLE 2. Loans to Insiders §§ 1360–1367 · 8 sections

   • § 1360 It is the intent of the Legislature that the provisions of this article, insofar as they are contained in Regulation O (12 C.F.R. Part 215) of the Federal…
   • § 1361 As used in this article: (a) “Bank” means: (1) Any commercial bank, industrial bank, or trust company incorporated under the laws of this state. (2) Any…
   • § 1362 Sections 215.2, 215.3, 215.4, 215.5, 215.8, and 215.9 of Regulation O in all of their particulars, including footnotes, are hereby referred to, incorporated by…
   • § 1363 No bank shall extend credit in an aggregate amount greater than the amount permitted in paragraph (4) of subdivision (c) of Section 215.5 of Regulation O to…
   • § 1364 In making any extension of credit that is subject to this article, a bank shall comply with all other applicable provisions of this division relating to…
   • § 1365 No provision of this article or of Article 3 (commencing with Section 1480) of Chapter 14 shall apply to an advance of money made by a bank pursuant to Section…
   • § 1366 A bank may make a loan, otherwise complying with the provisions of this division, for the benefit of a trust, notwithstanding that the bank or any one or more…
   • § 1367 Any bank that makes an extension of credit in violation of this article is subject to a civil penalty pursuant to Section 329. Any person, other than the bank…