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California Law (Last Updated: March 4, 2014) |
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Financial Code - FIN |
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Division 1.1. BANKING |
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Chapter 20. Foreign (Other Nation) Banks |
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ARTICLE 3. Agencies and Branch Offices |
Section 1806.
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(a) In addition to other provisions of this division and Division 1 (commencing with Section 99) that are otherwise applicable to or with respect to foreign (other nation) banks licensed to maintain nondepositary agencies, the following provisions of this division shall apply to or with respect to each foreign (other nation) bank licensed to maintain a nondepositary agency with respect to its business in this state as if the bank were a commercial bank organized under the laws of this state:
(1) Article 6 (commencing with Section 405) of Chapter 3 of Division 1.
(2) Chapter 6 (commencing with Section 550) of Division 1.
(3) Chapter 7 (commencing with Section 600) of Division 1.
(4) Chapter 4.5 (commencing with Section 1090).
(5) Chapter 17 (commencing with Section 1620).
(6) Chapter 19 (commencing with Section 1620).
(b) In addition to other provisions of this division and Division 1 (commencing with Section 99) which are otherwise applicable to or with respect to foreign (other nation) banks licensed to maintain depositary agencies or branch offices, the following provisions of this division and Division 1 (commencing with Section 99) shall apply to or with respect to each foreign (other nation) bank licensed to maintain a depositary agency or branch office with respect to its business in this state as if the bank were a commercial bank organized under the laws of this state:
(1) Article 6 (commencing with Section 405) of Chapter 3 of Division 1.
(2) Chapter 6 (commencing with Section 550) of Division 1.
(3) Chapter 7 (commencing with Section 600) of Division 1.
(4) Chapter 4.5 (commencing with Section 1090).
(5) Chapter 10 (commencing with Section 1320).
(6) Chapter 12 (commencing with Section 1400).
(7) Chapter 13 (commencing with Section 1450).
(8) Chapter 14 (commencing with Section 1460).
(9) Chapter 17 (commencing with Section 1630).
(10) Chapter 19 (commencing with Section 1670).
(11) Section 1864 and Article 2 (commencing with Section 1900), Article 3 (commencing with Section 1905), and Article 4 (commencing with Section 1910) of Chapter 21.
(c) Whenever any provision of this chapter or of any regulation or order issued under this chapter that is applicable to or with respect to foreign (other nation) banks licensed to transact business in this state is inconsistent with any provision of any other chapter of this division and Division 1 (commencing with Section 99) that is applicable to or with respect to foreign (other nation) banks licensed to transact business in this state, the former provision shall apply, and the latter provision shall not apply.
(d) (1) Whenever any provision of this division (other than the provisions of this chapter) and Division 1 (commencing with Section 99) is applicable to or with respect to foreign (other nation) banks licensed to transact business in this state, the provision shall be applied with any changes in points of detail as may be necessary or appropriate.
(2) Without limiting the provisions of paragraph (1), for purposes of any provision of this division (other than the provisions of this chapter) and Division 1 (commencing with Section 99) that is applicable to or with respect to a foreign (other nation) bank licensed to transact business in this state:
(A) "Approved by (or approval of) the board" means approved or ratified by the board of the bank, by a committee of the board authorized to exercise the powers of the board with respect to the particular matter, or by an officer of the bank who is assigned to the head office of the bank and who has authority over the bank's business in this state, including authority to approve or ratify the particular matter.
(B) "Head office" means the primary office of the bank.
(C) "Shareholders' equity" means the shareholders' equity of the bank or, if the bank has no shareholders' equity, the closest equivalent account or accounts.
(e) Whenever any provision of this division (other than the provisions of this chapter) and Division 1 (commencing with Section 99) that is applicable to or with respect to a foreign (other nation) bank licensed to transact business in this state limits the amount of any assets or liabilities of the bank (including, by way of example, the amount of borrowings of, obligations to, or investments of the bank), for purposes of calculating the amount of the assets or liabilities, only the assets or liabilities of the agencies or branch offices of the bank shall be included, and the assets and liabilities of offices of the bank outside this state shall be excluded.