Section § 676

Explanation
This section of the law states the official name of the legislation, which is the Uniform Foreign-Money Claims Act. This means when referring to this title, it should be cited by this name.
This title shall be known and may be cited as the Uniform Foreign-Money Claims Act.

Section § 676.1

Explanation

This section defines key terms used in legal proceedings involving claims in foreign currency. "Action" refers to court cases or arbitration where monetary awards related to foreign money can happen. "Bank-offered spot rate" is the exchange rate a bank offers for foreign currency. The "conversion date" is the last banking day before money is paid or used in such actions. A "distribution proceeding" involves distributing money when foreign-money claims are made, like in foreclosures or estate distributions. "Foreign money" is any currency other than the U.S. dollar, and a "foreign-money claim" is a demand for payment or compensation in foreign currency. "Money" is any government-recognized medium of exchange. "Money of the claim" is the appropriate currency determined by law. A "person" can be an individual or any legal entity. "Rate of exchange" refers to how different currencies are converted. "Spot rate" is the immediate or near-immediate exchange rate. "State" includes any U.S. state and territories.

As used in this title:
(1)CA Civil Procedure Code § 676.1(1) “Action” means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(2)CA Civil Procedure Code § 676.1(2) “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(3)CA Civil Procedure Code § 676.1(3) “Conversion date” means the banking day next preceding the date on which money, in accordance with this title, is (i) paid to a claimant in an action or distribution proceeding, (ii) paid to the official designated by law to enforce a judgment or award on behalf of a claimant, or (iii) used to recoup, setoff, or counterclaim in different moneys in an action or distribution proceeding.
(4)CA Civil Procedure Code § 676.1(4) “Distribution proceeding” means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund.
(5)CA Civil Procedure Code § 676.1(5) “Foreign money” means money other than money of the United States of America.
(6)CA Civil Procedure Code § 676.1(6) “Foreign-money claim” means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(7)CA Civil Procedure Code § 676.1(7) “Money” means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
(8)CA Civil Procedure Code § 676.1(8) “Money of the claim” means the money determined as proper pursuant to Section 676.4.
(9)CA Civil Procedure Code § 676.1(9) “Person” means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(10)CA Civil Procedure Code § 676.1(10) “Rate of exchange” means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
(11)CA Civil Procedure Code § 676.1(11) “Spot rate” means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days.
(12)CA Civil Procedure Code § 676.1(12) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

Section § 676.2

Explanation

This law section relates to legal claims or distribution proceedings involving foreign currency. It says that these rules apply whenever there is a foreign money claim, even if other laws are relevant to the rest of the case.

(a)CA Civil Procedure Code § 676.2(a) This title applies only to a foreign-money claim in an action or distribution proceeding.
(b)CA Civil Procedure Code § 676.2(b) This title applies to foreign-money issues even if other law under the conflict-of-laws rules of this state applies to other issues in the action or distribution proceeding.

Section § 676.3

Explanation

This law allows parties involved in a lawsuit or financial distribution to decide on certain terms by mutual agreement, even if it changes the usual effects of the law. Specifically, people in a transaction can agree on which currency to use for different parts of their deal, and just because you use foreign money for one part doesn't mean it has to be used throughout.

(a)CA Civil Procedure Code § 676.3(a) The effect of this title may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
(b)CA Civil Procedure Code § 676.3(b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.

Section § 676.4

Explanation

This law is about determining which money should be used to pay off a claim. If the parties involved agreed on a specific currency, that is what should be used for payment. If there’s no agreement, the currency will be based on one of three things: the money they usually use in their dealings, the currency commonly used in international trade for similar transactions, or the currency in which the claimant experienced or will experience the loss.

(a)CA Civil Procedure Code § 676.4(a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
(b)CA Civil Procedure Code § 676.4(b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is one of the following:
(1)CA Civil Procedure Code § 676.4(b)(1) The money regularly used between the parties as a matter of usage or course of dealing.
(2)CA Civil Procedure Code § 676.4(b)(2) The money used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved.
(3)CA Civil Procedure Code § 676.4(b)(3) The money in which the loss was ultimately felt or will be incurred by the party claimant.

Section § 676.5

Explanation

This section explains how to handle payments in foreign money when the amount due is initially based on a different currency. If you're supposed to pay in one currency but it's initially measured in another, the exact amount is set on the conversion date. If there's a foreign money payment that needs to be converted based on a rate before any payment issue, that rate applies for up to 30 days after the problem starts; after that, the current bank rate is used. Also, even if an agreement says a debtor's currency should match a foreign currency amount, this rule clarifies that it's not unfair or excessive. If there's a delay in payment, the court or arbitrator can adjust the judgment to make sure the payment correctly matches the foreign amount originally agreed upon.

(a)CA Civil Procedure Code § 676.5(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(b)CA Civil Procedure Code § 676.5(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(c)CA Civil Procedure Code § 676.5(c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid in the debtor’s money, when received by the creditor, shall equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.

Section § 676.6

Explanation

This law section explains that someone making a claim in court can choose to do so in a foreign currency instead of U.S. dollars, but if they don't specify, it's assumed to be in dollars. The other party can dispute the currency used by proving it should be a different one. Anyone can defend, counter-claim, or settle up in any currency, regardless of what the original claims specify. Deciding which currency is right for a claim is a legal question.

(a)CA Civil Procedure Code § 676.6(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
(b)CA Civil Procedure Code § 676.6(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(c)CA Civil Procedure Code § 676.6(c) A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims.
(d)CA Civil Procedure Code § 676.6(d) The determination of the proper money of the claim is a question of law.

Section § 676.7

Explanation

This section outlines how judgments or awards involving foreign-money claims should be handled. Generally, these judgments are stated in the foreign currency involved in the claim. The debtor can pay this amount in the foreign currency or the equivalent amount in U.S. dollars, calculated at a bank's exchange rate on the payment date. Any costs tied to the judgment must be shown in U.S. dollars. Payments made in U.S. dollars are credited according to how much foreign currency they can buy on the payment day. For decisions involving multiple monetary claims, amounts are netted against each other using a conversion rate to show which side owes what. A specific judgment format is recommended, and if a contract involves foreign money, the same payment rules apply as outlined here.

(a)CA Civil Procedure Code § 676.7(a) Except as provided in subdivision (c), a judgment or award on a foreign-money claim shall be stated in an amount of the money of the claim.
(b)CA Civil Procedure Code § 676.7(b) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(c)CA Civil Procedure Code § 676.7(c) Assessed costs shall be entered in United States dollars.
(d)CA Civil Procedure Code § 676.7(d) Each payment in United States dollars shall be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(e)CA Civil Procedure Code § 676.7(e) A judgment or award made in an action or distribution proceeding on both (1) a defense, setoff, recoupment, or counterclaim and (2) the adverse party’s claim, shall be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
(f)CA Civil Procedure Code § 676.7(f) A judgment substantially in the following form complies with subdivision (a):
“IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate--see Section 676.9) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.‛
(g)CA Civil Procedure Code § 676.7(g) If a contract claim is of the type covered by subdivision (a) or (b) of Section 676.5, the judgment or award shall be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(h)CA Civil Procedure Code § 676.7(h) A judgment shall be entered in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.

Section § 676.8

Explanation

When a legal process starts to divide up assets and it involves foreign money, the exchange rate used is the one that was in effect at the end of the business day when the process began. Anyone making a claim involving foreign money needs to state their claim in the original foreign currency and also convert it to U.S. dollars based on that same day's exchange rate.

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.

Section § 676.9

Explanation

This law addresses how interest is calculated in cases involving foreign currency claims. The interest you'll receive before a court judgment or arbitration award (prejudgment interest) depends on the laws that govern the case, unless exceptions apply. These exceptions include, for example, when someone fails to accept a settlement offer or if there is undue delay caused by a party. In such instances, the court might adjust the interest. Lastly, once a judgment or award is given, interest is applied at the standard rate used for judgments in this state.

(a)CA Civil Procedure Code § 676.9(a) With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subdivision (b), are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.
(b)CA Civil Procedure Code § 676.9(b) The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
(c)CA Civil Procedure Code § 676.9(c) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.

Section § 676.10

Explanation

If you're trying to enforce a judgment from another country that's in foreign currency, it can be done in California and converted to U.S. dollars as per the local rules. If a partial payment was made on that foreign judgment, it will be deducted from the amount you owe here. Conversely, if a judgment from another U.S. state is only in dollars, it'll be enforced in California in dollars as well.

(a)CA Civil Procedure Code § 676.10(a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment shall be entered as provided in Section 676.7, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
(b)CA Civil Procedure Code § 676.10(b) A foreign judgment may be enforced in accordance with Title 11 (commencing with Section 1710.10) of Part 3.
(c)CA Civil Procedure Code § 676.10(c) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, shall be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
(d)CA Civil Procedure Code § 676.10(d) A judgment entered on a foreign-money claim only in United States dollars in another state shall be enforced in this state in United States dollars only.

Section § 676.11

Explanation

This section explains how to convert foreign money to U.S. dollars for certain legal situations, like when claiming costs or requiring a bond for court procedures. The dollar amount must be figured out using the bank's exchange rate just before you file your request. When you file, you must attach a statement explaining how you calculated that amount, signed by your lawyer or a bank officer. This statement helps protect court officials from any responsibility regarding the money amount listed.

(a)CA Civil Procedure Code § 676.11(a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
(b)CA Civil Procedure Code § 676.11(b) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, shall be ascertained as provided in subdivisions (c) and (d).
(c)CA Civil Procedure Code § 676.11(c) A party seeking process, costs, bond, or other undertaking under subdivision (b) shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
(d)CA Civil Procedure Code § 676.11(d) A party seeking the process, costs, bond, or other undertaking under subdivision (b) shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.

Section § 676.12

Explanation

If a foreign country changes its currency, any debts or losses that were originally in the old currency are converted to the new currency at the official exchange rate set by that country. If this switch happens after a legal judgment based on that foreign money has been made, the court or arbitrator must update the judgment to reflect the new currency.

(a)CA Civil Procedure Code § 676.12(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(b)CA Civil Procedure Code § 676.12(b) If substitution under subdivision (a) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.

Section § 676.13

Explanation

This law states that basic legal principles, like fairness, contract rules, and issues like fraud or coercion, still apply unless there's a specific rule that overrides them in this title.

Unless displaced by particular provisions of this title, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.

Section § 676.14

Explanation

This law section is about making sure that the rules in this title are applied in a way that keeps the law consistent and unified across different states that have adopted it.

This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.

Section § 676.15

Explanation

This law says that if one part of this legal title is found to be invalid or doesn't apply to a particular situation, it won't impact the rest of the title. The valid parts can still be used and are meant to work independently without the invalid part.

If any provision of this title or its application to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.

Section § 676.16

Explanation

This law applies to legal cases and processes for dividing property or other assets that started on or after January 1, 1992.

This title applies to actions and distribution proceedings commenced on or after January 1, 1992.