DepositsDepositors
Section § 1400
This law states that when a bank account is in a minor's name, the account belongs to and benefits that minor. The bank can only pay out funds from the account based on the minor's direct instructions, and when they do, it's a valid transaction that frees the bank from any further responsibility for that payment.
Section § 1401
If a married person has a bank account in their name, they control it exclusively. No one else, except a creditor, can claim or control it. The bank can pay out to this person or whoever they designate, and doing so is considered proper and final by the bank.
Section § 1402
This law explains that if you have a bank account shared with others (a multiple-party account), it will be regulated by certain rules outlined in the Probate Code, starting with Section 5100.
Section § 1403
Banks are generally not allowed to pay interest on money that can be withdrawn on demand, such as checking accounts, unless it's allowed for banks that are part of the Federal Reserve or have insurance from the FDIC. This rule doesn't apply if the bank account is only payable at a bank branch located outside the U.S. and D.C.
Section § 1404
This law explains that when a real estate broker places funds into a noninterest-bearing account while managing a loan secured by property, the benefits from this account generally go to the broker, unless an agreement states otherwise. However, if a borrower has an impound account, they must receive at least 2% interest per year on those funds. It also defines what is considered a 'financial institution' for this context.
Section § 1405
This law says that when a real estate broker manages payments or services for a big investor using a commercial property loan, they can keep the extra money made from putting those funds in an interest-earning bank account. But this is only okay if the big investor and the broker both agree to it in writing. The law specifically refers to properties that aren't small family homes and uses definitions for terms like 'financial institution' and 'institutional investor' to clarify who it applies to.
Section § 1406
This law defines important terms like 'creditor' and 'insolvency' within the context of banking. It states that banks cannot prioritize paying certain creditors if they are insolvent or expecting to become insolvent unless it's a normal business transaction or authorized under specific sections. If a bank tries to avoid its financial obligations improperly, those actions are not legal and considered void.
Section § 1407
This law states that banks cannot count an overdraft, which is when someone spends more money than they have in their account, as an asset if it has been overdue for more than 90 days.
Section § 1408
This law allows banks to handle public funds as depositaries, paying agents, trustees, or fiscal agents even if government officials or employees are affiliated with the bank as officers, employees, or stockholders. These government members are not considered to have a conflict of interest under Section 1090 of the Government Code just because of their association with the bank.
Moreover, if a local public agency officer or employee is involved in contracts with banks, they are deemed to have a 'remote interest' per Section 1091. This applies when contracts are made without competitive bidding, following legal procedures, and the officer's only connection is as an officer, director, or employee of a bank involved with the contract party as a borrower, depositor, debtor, or creditor.
Section § 1409
This law states that if a bank sends a depositor a statement of their account along with any supporting documents (called vouchers) and the depositor doesn't object within four years, the account is considered correct and final. After this period, the depositor can't question its accuracy.
For savings or time accounts, this happens when the bank notes the balance in the depositor’s book or another method aimed at notifying them. However, it's important that depositors check their account records promptly and report any errors to the bank immediately. This responsibility remains even if this statute applies.
Section § 1410
This law states that banks cannot charge you a fee if you don't make or if you're late with a scheduled deposit into your savings account, like a Christmas or vacation club account. Additionally, banks must pay interest on these accounts that is at least as high as the lowest rate they offer on other savings accounts.
Section § 1411
This law sets out rules for how banks in California can use a customer's deposit account to cover debts owed to the bank. The bank cannot take money from a customer's account if it would leave less than $1,000 in total across all accounts. If a bank does take funds, it must send a notice to the customer by the next day explaining the details.
The customer then has 20 days to dispute the action, and if they do, the bank must reverse the transaction. These rules do not apply if the customer has agreed in writing to let the bank take payments from their account or if the bank has a secured interest in the account through a written agreement. The law also allows customers to claim exemptions for certain protected funds and does not affect a person's right to challenge the debt's validity in court.
bank is ____ is not ____ my debt or the debt of another
person in whose name the account is maintained.
of a motor vehicle (CCP 704.010)
or other personal effects (CCP 704.020)
704.130)
social security benefits (CCP 704.080, 704.110,
704.115)
and supplemental security income (SSI) or charitable
aid (CCP 704.170)
destruction of a dwelling (CCP 704.720, CCP 704.960)
of tools of a trade (CCP 704.060)
or wrongful death (CCP 704.150)
education to a student for expenses while attending
school (CCP 704.190)
“I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Section § 1415
This section explains the rules for banks in California to run savings promotions, which are contests to encourage people to save money. Banks can offer these promotions where depositors have a chance to win prizes if they meet certain requirements.
All participants must have an equal chance of winning, and they must not have to pay extra fees to enter or attend a drawing. Any qualifying account used in these promotions must be similar to other bank accounts in terms of fees and terms.
Depositing a certain amount in a qualifying account is not considered a purchase if the interest rate on the account remains the same. Lastly, these promotions are not classified as lotteries or raffles under the Penal Code.