Every final order, decision, license, or other official act of the commissioner under this division is subject to judicial review in accordance with law.
Chapter 2Administration
Section § 4830
This law states that any final decision or action made by the commissioner, such as orders or licenses, can be challenged and reviewed by a court.
judicial review final orders decision review license review commissioner decisions official acts court challenge commissioner actions legal appeals division review administrative decisions legal oversight commissioner authority appeals process judicial oversight
Section § 4831
The commissioner has the power to issue rules and orders to help implement the goals of this division. This includes the ability to define terms. Different rules can be made for different groups or situations that fall under the commissioner's authority. The commissioner can also decide to waive a rule if it's believed that this is in the public's interest.
(a)CA Financial Code § 4831(a) The commissioner may from time to time issue regulations and orders as may in his or her opinion be necessary to carry out the provisions and purposes of this division.
(b)CA Financial Code § 4831(b) Regulations and orders issued under this division may, among other things, define any term used in this division as well as any term not used in this division.
(c)CA Financial Code § 4831(c) For purposes of regulations and orders issued under this division, the
commissioner may classify persons, transactions, and other matters within his or her jurisdiction and may prescribe different regulations or orders for different classes.
(d)CA Financial Code § 4831(d) The commissioner may waive any provision of any regulation or order which he or she has issued under this division in any case where in his or her opinion the provision is not necessary in the public interest.
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Section § 4832
This law says that when the commissioner gives an order or license, they can set conditions they believe are needed to fulfill the goals of this law section.
Whenever the commissioner issues an order or license under this division, he or she may impose conditions as may in his or her opinion be necessary to carry out the provisions and purposes of this division.
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Section § 4833
In any process under this division, the applicant must prove why their application should be accepted. If someone claims they are exempt from the rules or exceptions, it's their job to prove it.
In any proceeding under this division:
(a)CA Financial Code § 4833(a) The burden of proving that an application should be approved is upon the applicant.
(b)CA Financial Code § 4833(b) The burden of proving an exemption or an exception is upon the person claiming the exemption or the exception.
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Section § 4834
This section allows the commissioner to provide official explanations, known as interpretive opinions, for any part of this division or regulations and orders related to it. These opinions help clarify what the law means for people who are interested or affected.
The commissioner may honor applications from interested persons for interpretive opinions regarding any provision of this division or of any regulation or order issued under this division.
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Section § 4835
This section outlines that when you submit any application or report to the commissioner, it must meet specific requirements set by the commissioner. These requirements can include how the document is formatted, what information it contains, how it is signed, and potentially how it is verified.
Each application and report filed with the commissioner under this division or under any regulation or order issued under this division shall be in the form, shall contain the information, shall be signed in the manner, and shall, if the commissioner requires, be verified in the manner that the commissioner may require.
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Section § 4836
This law states that you cannot lie or leave out important information in any application or report you file with the commissioner. This applies to anything filed under this division, including regulations or orders issued under it. Basically, you must be truthful and complete the required information.
No person shall make any untrue statement of any material fact in any application or report filed with the commissioner under this division or under any regulation or order issued under this division, or willfully omit to state in any application or report filed with the commissioner under this division or under any regulation or order issued under this division any material fact which is required to be stated therein.
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Section § 4837
This law section explains that when an application is submitted under a specific division, the commissioner can take into account the applicant's proposals. If the commissioner believes the applicant can carry out their proposal, they may base their findings on it. When an application is approved because of the proposal, the commissioner must set conditions to ensure the applicant implements the proposal within a specified time.
In determining whether to approve any application filed under this division or under any regulation or order issued under this division, the commissioner may consider proposals made by the applicant; and, if in the opinion of the commissioner it is probable that the applicant will be able to implement any such proposal, the commissioner may make findings on the basis of the proposal. However, whenever the commissioner approves an application on the basis, in whole or in part, of a proposal made by the applicant, the commissioner shall impose upon the approval
appropriate conditions requiring that the applicant implement the proposal within the period of time that the commissioner may specify.
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Section § 4838
This law says that if someone applies for something and doesn't include all the necessary information, or if what they're proposing would break any laws, the commissioner has the right to reject their application.
If the commissioner finds, with respect to any application filed under this division or under any regulation or order issued under this division, that not all the information which was required to be provided in or in connection with the application has been provided or that implementation of any proposal contained in the application would violate any applicable law, the commissioner may deny the application.
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Section § 4839
This law outlines the fees that must be paid to the commissioner for various financial operations. Filing fees for the approval of sales or mergers are $2,500, while the fee for conversion approval is $5,000. A certificate of authority or license generally costs $2,500, except in certain other instances where it only costs $25. Other specific certifications also have a fee of $25. If an application requires an examination, the applicant pays an additional fee based on the examination costs, including any necessary travel expenses for examiners.
Fees shall be paid to, and collected by, the commissioner, as follows:
(a)CA Financial Code § 4839(a) The fee for filing an application for approval of a sale under this division shall be two thousand five hundred dollars ($2,500).
(b)CA Financial Code § 4839(b) The fee for filing an application for approval of a merger under this division shall be two thousand five hundred dollars ($2,500).
(c)Copy CA Financial Code § 4839(c)
(1)Copy CA Financial Code § 4839(c)(1) The fee for filing an application for approval of a conversion under this division shall be five thousand dollars ($5,000).
(2)CA Financial Code § 4839(c)(2) The fee for issuing a certificate of authority or license under subdivision (a) of Section 4928 or
subdivision (a) of Section 4948 shall be two thousand five hundred dollars ($2,500).
(d)CA Financial Code § 4839(d) The fee for issuing a certificate of authority or license under any other provision of this division shall be twenty-five dollars ($25).
(e)CA Financial Code § 4839(e) The fee for issuing a certificate under Section 4862, 4879.17, 4891, 4930, or 4952 shall be twenty-five dollars ($25).
(f)CA Financial Code § 4839(f) In case the commissioner makes an examination in connection with a pending application, as described in paragraph (1), (2), (3), (4), (5), or (6) the applicant shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.
(1)CA Financial Code § 4839(f)(1) Examination of the selling depository corporation in connection with a pending application for approval of a sale of a whole business unit (as defined in Section 4840) under Article 2 (commencing with Section 4845) of Chapter 3.
(2)CA Financial Code § 4839(f)(2) Examination of the partial business unit (as defined in Section 4840) to be sold and any related affairs of the selling depository corporation in connection with a pending application for approval of a sale of a partial business unit (as defined in Section 4840) under Article 2 (commencing with
Section 4845) of Chapter 3.
(3)CA Financial Code § 4839(f)(3) Examination of the purchasing depository corporation in connection with a pending application for approval of a sale of a whole business unit (as defined in Section 4880) under Article 3.5 (commencing with Section 4876.01) of Chapter 3 or of a partial business unit (as defined in Section 4880) under Article 4.5 (commencing with Section 4878.01) of Chapter 3.
(4)CA Financial Code § 4839(f)(4) Examination of the surviving depository corporation in connection with a pending application for approval of a merger under Article 4 (commencing with Section 4908.01) of Chapter 4.
(5)CA Financial Code § 4839(f)(5) Examination of the disappearing depository corporation in connection with a pending application for approval of a merger under Article 1 (commencing with Section 4880) or Article 2 (commencing with Section 4895.01) of Chapter 4.
(6)CA Financial Code § 4839(f)(6) Examination of the converting depository corporation in connection with a pending application for approval of a conversion under Article 1 (commencing with Section 4920) or Article 2 (commencing with Section 4940) of Chapter 5.
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