Section § 1800

Explanation

This law states that a foreign bank, meaning a bank from another country, is only allowed to do business in California if it has a proper license for a local branch or agency office. This is not mandatory if the bank is conducting business at a federal agency or branch, as per federal regulations. Foreign banks can still do certain other activities, like dealing with real estate loans and trust business, even if they don’t have a local office. Additionally, if a foreign bank’s majority-owned subsidiary operates in California, it doesn’t count as the foreign bank itself doing business there.

(a)CA Financial Code § 1800(a) No foreign (other nation) bank shall transact business in this state except at an agency or branch office that it is licensed to maintain and at which it is permitted by this chapter to transact the business transacted.
(b)CA Financial Code § 1800(b) Subdivision (a) shall not be deemed to prohibit:
(1)CA Financial Code § 1800(b)(1) Any foreign (other nation) bank that maintains a federal agency or federal branch in this state from transacting at the federal agency or federal branch any business that it may be authorized to transact under applicable federal laws and regulations;
(2)CA Financial Code § 1800(b)(2) Any foreign (other nation) bank from carrying on the activities described in subdivision (d) of Section 191 of the Corporations Code;
(3)CA Financial Code § 1800(b)(3) Any foreign (other nation) bank that does not maintain an agency or branch office from making in this state loans secured by liens on real property located in this state; or
(4)CA Financial Code § 1800(b)(4) Any foreign (other nation) bank that does not maintain an agency or branch office from transacting trust business as permitted under Section 1555.
(c)CA Financial Code § 1800(c) For purposes of subdivision (a), no foreign (other nation) bank shall be deemed to be transacting business in this state merely because a majority-owned subsidiary transacts business in this state.

Section § 1801

Explanation

This law says that a foreign bank, which is a bank from another country, can only open and operate an agency or branch in California if it has the proper authorization to do business within the state. This requirement is detailed in a specific part of the Corporations Code.

No foreign (other nation) bank shall be licensed to maintain any agency or branch office unless it is qualified to transact intrastate business in this state under Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code.

Section § 1802

Explanation

A foreign bank, which is a bank from another country, cannot open a retail branch in California unless the deposits in that branch are insured by the Federal Deposit Insurance Corporation (FDIC), as required by the Federal Deposit Insurance Act.

No foreign (other nation) bank shall be licensed to maintain a retail branch office unless the deposits in such office are insured by the Federal Deposit Insurance Corporation in accordance with the provisions of the Federal Deposit Insurance Act.

Section § 1803

Explanation

A foreign bank cannot open or run a branch or agency in California without first getting approval and a license from the state commissioner. However, they can open federal branches without needing state approval. To get approval, the bank must show that it, and its leaders, are reputable and financially stable, that its history is good, and that it can manage the branch or agency responsibly. The bank must also prove that its new office will be successful, comply with laws, and benefit the public. If creating a branch, the bank's home country must allow similar banking setups from California banks. If these things are not demonstrated, the application will be denied. Once approved and all steps are completed, a license will be issued.

(a)Copy CA Financial Code § 1803(a)
(1)Copy CA Financial Code § 1803(a)(1) No foreign (other nation) bank shall establish or maintain an agency or branch office unless the commissioner shall have first approved the establishment of that office and issued a license authorizing the bank to maintain the office.
(2)CA Financial Code § 1803(a)(2) Paragraph (1) shall not be deemed to prohibit a foreign (other nation) bank from establishing or maintaining a federal agency or federal branch in this state.
(b)CA Financial Code § 1803(b) If the commissioner finds the following with respect to an application by a foreign (other nation) bank for approval to establish an agency or branch office, the commissioner shall approve the application:
(1)CA Financial Code § 1803(b)(1) That the bank, any controlling person of the bank, the directors and executive officers of the bank or of any controlling person of the bank, and the proposed management of the office are each of good character and sound financial standing.
(2)CA Financial Code § 1803(b)(2) That the financial history and condition of the bank are satisfactory.
(3)CA Financial Code § 1803(b)(3) That the management of the bank and the proposed management of the office are adequate.
(4)CA Financial Code § 1803(b)(4) That it is reasonable to believe that, if licensed to maintain the office, the bank will operate the office in a safe and sound manner and in compliance with all applicable laws, regulations, and orders.
(5)CA Financial Code § 1803(b)(5) That the bank’s plan to establish and to maintain the office affords reasonable promise of successful operation.
(6)CA Financial Code § 1803(b)(6) That the bank’s establishment and maintenance of the office will promote the public convenience and advantage.
(7)CA Financial Code § 1803(b)(7) In case the office is to be a branch office, that the foreign nation where the bank is domiciled permits banks organized under the laws of this state and national banks headquartered in this state to establish and maintain in those foreign nation offices substantially equivalent to agencies, offices substantially equivalent to branch offices, or wholly (except for directors’ qualifying shares) owned banks organized under the laws of the foreign nation.
If the commissioner finds otherwise, the commissioner shall deny the application.
(c)CA Financial Code § 1803(c) Whenever an application by a foreign (other nation) bank for approval to establish an agency or branch office has been approved and all conditions precedent to the issuance of a license authorizing the bank to maintain the office have been fulfilled, the commissioner shall issue the license.

Section § 1804

Explanation

If a foreign bank with an office in California wants to move that office, it needs permission from the state's commissioner first. The commissioner will approve the move if they find it safe for the bank and beneficial for the public. If the new location is nearby, it shouldn't harm public convenience, or it should be necessary for the bank's safety. If the new location is far, the bank must show the move is likely to succeed and won't harm public convenience at the old site, while benefiting the public at the new site. After approval, the bank must give up its old license when it moves.

(a)CA Financial Code § 1804(a) No foreign (other nation) bank which is licensed to maintain an agency or branch office shall relocate such office unless the commissioner shall have first approved such relocation and issued a license authorizing such bank to maintain the office at the new site.
(b)CA Financial Code § 1804(b) If the commissioner finds the following with respect to an application by a foreign (other nation) bank for approval to relocate any agency or branch office, the commissioner shall approve such application:
(1)CA Financial Code § 1804(b)(1) In case the new site of the office is in the same vicinity as the old site:
(A)CA Financial Code § 1804(b)(1)(A) That it will not be unsafe or unsound for the bank to relocate the office; and
(B)CA Financial Code § 1804(b)(1)(B) That the relocation of the office will not be substantially detrimental to the public convenience and advantage, or that the relocation is necessary in the interests of the safety and soundness of the bank; or
(2)CA Financial Code § 1804(b)(2) In case the new site of the office is not in the same vicinity as the old site:
(A)CA Financial Code § 1804(b)(2)(A) That the bank’s plan to relocate the office and to maintain the office at the new site affords reasonable promise of successful operation;
(B)CA Financial Code § 1804(b)(2)(B) That the relocation of the office from the old site will not be substantially detrimental to the public convenience and advantage in the area which is primarily served by the office at the old site, or that the relocation is necessary in the interests of the safety and soundness of the bank; and
(C)CA Financial Code § 1804(b)(2)(C) That the relocation of the office to the new site will promote the public convenience and advantage.
If the commissioner finds otherwise, the commissioner shall deny the application.
(c)CA Financial Code § 1804(c) Whenever an application by a foreign (other nation) bank for approval to relocate an agency or branch office has been approved and all conditions precedent to the issuance of a license authorizing such bank to maintain such office at the new site have been fulfilled, the commissioner shall issue such license.
(d)CA Financial Code § 1804(d) Promptly after a foreign (other nation) bank which is licensed to maintain an agency or branch office relocates such office, such bank shall surrender to the commissioner the license which authorized it to maintain such office at the old site.

Section § 1805

Explanation

This law outlines what foreign banks with agency or branch offices in California can and cannot do. If the office is a nondepositary agency, it cannot accept any deposits. Depositary agencies can only accept deposits from foreign nations or entities primarily based abroad. Limited and wholesale branch offices can have additional deposit conditions, for example, accepting large deposits of $250,000 or more. No branch is allowed to conduct trust business unless permitted by another specific section. Furthermore, foreign banks cannot perform activities that they're not allowed to under their own country's laws or that aren't allowed for California banks. All these activities also remain subject to oversight by the relevant commissioner.

(a)CA Financial Code § 1805(a) A foreign (other nation) bank that is licensed to maintain an agency or branch office may transact commercial banking business at the office, subject to the following:
(1)CA Financial Code § 1805(a)(1) In case the office is a nondepositary agency, the bank shall not transact the business of accepting deposits.
(2)CA Financial Code § 1805(a)(2) In case the office is a depositary agency, the bank shall not transact the business of accepting any deposits other than deposits of (A) a foreign nation, (B) an agency or instrumentality of a foreign nation, or (C) a person which resides, is domiciled, and maintains its principal place of business in a foreign nation. For purposes of this paragraph, “person” means any individual, proprietorship, joint venture, partnership, trust, business trust, syndicate, association, joint stock company, corporation, limited liability company, or any other organization or any branch or division thereof.
(3)CA Financial Code § 1805(a)(3) In case the office is a limited branch office, the bank shall not transact the business of accepting any deposits other than (A) deposits of the kind described in paragraph (2), or (B) deposits that a corporation organized under Section 25A of the Federal Reserve Act (12 U.S.C. Sec. 612 et seq.) is permitted to accept.
(4)CA Financial Code § 1805(a)(4) In case the office is a wholesale branch office, the bank shall not transact the business of accepting any deposits other than (A) deposits of the kind described in paragraph (2), (B) deposits of two hundred fifty thousand dollars ($250,000) or more, or (C) deposits the acceptance of which the commissioner determines by regulation or order do not constitute engaging in domestic retail deposit activities requiring deposit insurance protection.
(5)CA Financial Code § 1805(a)(5) In case the office is an agency, limited branch office, or wholesale branch office, the bank may, subject to any regulations that the commissioner may prescribe, maintain credit balances.
(6)CA Financial Code § 1805(a)(6) In any case, the bank shall not transact any business that it is not authorized to transact or is prohibited from transacting under the law of its domicile or that commercial banks organized under the laws of this state are not authorized to transact or are prohibited from transacting.
(b)CA Financial Code § 1805(b) No foreign (other nation) bank that is licensed to maintain an agency or branch office shall transact any trust business at the office except as permitted under Section 1555.

Section § 1806

Explanation

This law explains how foreign banks (banks from other countries) that operate in California must follow certain rules as if they were local commercial banks. These rules differ slightly depending on whether the foreign bank operates a branch that holds customer deposits or one that does not.

For those without deposits, they must adhere to regulations typically applied to domestic banks, such as chapters concerning governance and financial controls.

For those with deposit branches, a broader set of rules apply, covering areas like financial operations, governance, and asset liability management. If there is a conflict between rules for foreign banks and other applied regulations, the rule specifically for foreign banks prevails.

Changes may be needed to apply these rules to foreign banks effectively, like defining terms for board approvals and how shareholder equity is handled. When calculating financial limits, only assets and liabilities of California branch offices should be considered, ignoring those of offices outside the state.

(a)CA Financial Code § 1806(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)CA Financial Code § 1806(a)(1) Article 6 (commencing with Section 405) of Chapter 3 of Division 1.
(2)CA Financial Code § 1806(a)(2) Chapter 6 (commencing with Section 550) of Division 1.
(3)CA Financial Code § 1806(a)(3) Chapter 4.5 (commencing with Section 1090).
(4)CA Financial Code § 1806(a)(4) Chapter 17 (commencing with Section 1620).
(5)CA Financial Code § 1806(a)(5) Chapter 19 (commencing with Section 1670).
(b)CA Financial Code § 1806(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)CA Financial Code § 1806(b)(1) Article 6 (commencing with Section 405) of Chapter 3 of Division 1.
(2)CA Financial Code § 1806(b)(2) Chapter 6 (commencing with Section 550) of Division 1.
(3)CA Financial Code § 1806(b)(3) Chapter 4.5 (commencing with Section 1090).
(4)CA Financial Code § 1806(b)(4) Chapter 10 (commencing with Section 1320).
(5)CA Financial Code § 1806(b)(5) Chapter 12 (commencing with Section 1400).
(6)CA Financial Code § 1806(b)(6) Chapter 13 (commencing with Section 1450).
(7)CA Financial Code § 1806(b)(7) Chapter 14 (commencing with Section 1460).
(8)CA Financial Code § 1806(b)(8) Chapter 17 (commencing with Section 1620).
(9)CA Financial Code § 1806(b)(9) Chapter 19 (commencing with Section 1670).
(10)CA Financial Code § 1806(b)(10) 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)CA Financial Code § 1806(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)Copy CA Financial Code § 1806(d)
(1)Copy CA Financial Code § 1806(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)CA Financial Code § 1806(d)(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)CA Financial Code § 1806(d)(2)(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)CA Financial Code § 1806(d)(2)(B) “Head office” means the primary office of the bank.
(C)CA Financial Code § 1806(d)(2)(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)CA Financial Code § 1806(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.

Section § 1807

Explanation

This law requires that when the commissioner asks for a report from California commercial banks, foreign banks operating in the state must also provide a report. These foreign banks must display a notice in their offices (not including ATM-only branches) stating that anyone can request a financial report, and must provide contact details for obtaining it. The first report is free. The report should include either regulated information or the last balance sheet and income statement given to the commissioner.

(a)CA Financial Code § 1807(a) Whenever the commissioner calls for a report under Section 453 from commercial banks organized under the laws of this state, the commissioner shall call for a report from each foreign (other nation) bank that is licensed to transact business in this state.
(b)Copy CA Financial Code § 1807(b)
(1)Copy CA Financial Code § 1807(b)(1) A foreign (other nation) bank that is licensed to transact business in this state shall prominently display in the lobby of each agency and branch office, except an automated teller machine branch office (as defined in Section 1330), a notice that any person may obtain a financial report from the bank. The notice shall include the address and telephone number of the person or office to be contacted for a financial report. The bank shall, promptly after receiving a request for a financial report, mail or otherwise furnish the financial report to the requester. The first financial report shall be provided without charge.
(2)CA Financial Code § 1807(b)(2) The financial report called for in this subdivision shall contain either (A) the information that the commissioner may require by regulation or (B) in the absence of a regulation, the last balance sheet and income statement, each without any schedules, that the bank filed with the commissioner pursuant to Section 453.

Section § 1808

Explanation

Foreign banks that operate certain types of offices in California must clearly inform clients that their deposits are not protected by the Federal Deposit Insurance Corporation (FDIC). This requirement is subject to specific regulations set by the commissioner.

Each foreign (other nation) bank which is licensed to maintain a depositary agency, limited branch office, or wholesale branch office shall, in accordance with such regulations as the commissioner may prescribe, give notice that deposits in such office are not insured by the Federal Deposit Insurance Corporation.

Section § 1809

Explanation

This law applies to foreign banks authorized to operate in California, requiring them to comply with specific regulations regarding interest rates and deposit handling, even if they are not bound by certain federal regulations. This ensures these foreign banks operate on an equal footing with state-based banks. The commissioner has the power to create or repeal these regulations quickly, if necessary, to protect public health, safety, or welfare, without the usual procedural requirements.

(a)CA Financial Code § 1809(a) In case a foreign (other nation) bank is licensed to maintain a depositary agency or branch office and such office is not subject to the regulations of the Depository Institutions Deregulation Committee, Regulation Q of the Board of Governors of the Federal Reserve System, or Part 329 of the regulations of the Federal Deposit Insurance Corporation, such bank shall, with respect to deposits accepted at the office, comply with such regulations regarding maximum interest rates on deposits, prepayment of time deposits, and related matters as the commissioner may prescribe as being necessary and appropriate to maintain competitive equality between foreign (other nation) banks and banks organized under the laws of this state which are subject to the regulations of the Depository Institutions Deregulation Committee, Regulation Q of the Board of Governors of the Federal Reserve System, or Part 329 of the regulations of the Federal Deposit Insurance Corporation.
(b)CA Financial Code § 1809(b) For purposes of, and notwithstanding any contrary provisions of, Chapter 3.5 (commencing with Section 11340), Part 1 of Division 3 of Title 2 of the Government Code, whenever the commissioner adopts a regulation or order of repeal of a regulation under subdivision (a), the commissioner may, without describing specific facts showing the need for immediate action, find that adoption of such regulation or order of repeal is necessary for the immediate preservation of the public peace, health and safety, or general welfare, and such regulation or order of repeal shall be deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare.

Section § 1810

Explanation

This law requires foreign banks that are allowed to operate in California to keep their in-state assets separate from assets outside the state. Additionally, if a foreign bank faces financial trouble, the creditors from its California operations have first rights to the bank's in-state assets before any other creditors.

(a)CA Financial Code § 1810(a) Each foreign (other nation) bank which is licensed to transact business in this state shall keep the assets of such business separate and apart from the assets of its business outside this state.
(b)CA Financial Code § 1810(b) The creditors of the business in this state of a foreign (other nation) bank which is licensed to transact business in this state shall be entitled to priority over other creditors with respect to the assets of such bank’s business in this state.

Section § 1811

Explanation

This law governs how foreign (non-U.S.) banks conduct business in California. Foreign banks must keep certain assets, like cash or secure financial instruments, on deposit with an approved local bank. This ensures they have enough funds to cover liabilities in California. The amount deposited must meet a minimum set by the state commissioner, generally at least 1% of the foreign bank's liabilities in California. Banks cannot withdraw these assets without approval. If a foreign bank loses its license or faces financial difficulty, the assets may be used to protect creditors and the public. The deposited assets are free from other claims or liens, and the commissioner oversees compliance and holds a security interest in the deposits.

(a)CA Financial Code § 1811(a) In this section:
(1)CA Financial Code § 1811(a)(1) “Adjusted liabilities,” when used with respect to a foreign (other nation) bank, means the liabilities of such bank’s business in this state, excluding (A) accrued expenses, (B) any liability to an office (whether in or outside of this state) or majority-owned subsidiary of the bank, and (C) such other liabilities as the commissioner may by regulation or order exclude.
(2)CA Financial Code § 1811(a)(2) “Applicable minimum,” when used with respect to eligible assets deposited or to be deposited with an approved depository by a foreign (other nation) bank, means such amount as the commissioner may from time to time by regulation or order determine to be necessary for the maintenance of sound financial condition, for the protection of the interests of creditors of the bank’s business in this state, or for the protection of the public interest. However, in the case of a foreign (other nation) bank which is licensed to maintain a branch office, the applicable minimum shall in no event be less than 1 percent of the adjusted liabilities of such bank.
(3)CA Financial Code § 1811(a)(3) “Approved depository,” when used with respect to a foreign (other nation) bank, means a bank organized under the laws of this state or a national bank headquartered in this state which has been selected by such foreign (other nation) bank and approved by the commissioner for the purpose of acting as the approved depository of the foreign (other nation) bank and which has filed with the commissioner, in such form as the commissioner may by regulation or order prescribe, an agreement to comply with all applicable provisions of this section and of any regulation or order issued under this section.
(4)CA Financial Code § 1811(a)(4) “Eligible assets” when used with respect to a foreign (other nation) bank, means any of the following:
(A)CA Financial Code § 1811(a)(4)(A) Cash.
(B)CA Financial Code § 1811(a)(4)(B) Any security of the type described in Section 1572.
(C)CA Financial Code § 1811(a)(4)(C) Any negotiable certificate of deposit which (i) has a maturity of not more than one year, (ii) is payable in the United States, and (iii) is issued by a bank organized under the laws of a state of the United States, by a national bank, or by a branch office of a foreign (other nation) bank which is located in the United States.
(D)CA Financial Code § 1811(a)(4)(D) Any commercial paper which is payable in the United States and which is rated P-1 or its equivalent by a nationally recognized rating service; provided, however, that any conflict in rating shall be resolved in favor of the lower rating.
(E)CA Financial Code § 1811(a)(4)(E) Any banker’s acceptance which is payable in the United States and which is eligible for discount with a Federal Reserve bank.
(F)CA Financial Code § 1811(a)(4)(F) Any other asset which the commissioner by regulation or order determines to be eligible.
Notwithstanding the foregoing provisions of this paragraph, “eligible asset,” when used with respect to a foreign (other nation) bank, does not include any instrument the issuer of which (i) is, or is affiliated with, such foreign (other nation) bank, (ii) is domiciled in, or controlled by a bank or other person domiciled in, the same foreign nation as the foreign (other nation) bank, or (iii) is, or is controlled by, such foreign nation. For purposes of the foregoing provision, to be “affiliated” means to control, to be controlled by, or to be under common control with; and to “control” has the meaning set forth in subdivision (b) of Section 1250.
(b)CA Financial Code § 1811(b) For purposes of this section:
(1)CA Financial Code § 1811(b)(1) The amount of adjusted liabilities of a foreign (other nation) bank’s business in this state shall be computed for such period, in such manner, and on such basis as the commissioner may by regulation or order prescribe.
(2)CA Financial Code § 1811(b)(2) Any eligible asset shall be valued at the lesser of market or par.
(c)Copy CA Financial Code § 1811(c)
(1)Copy CA Financial Code § 1811(c)(1) Before any foreign (other nation) bank is licensed to transact business in this state, such bank shall deposit, and each foreign (other nation) bank which is licensed to transact business in this state shall maintain on deposit, with an approved depository eligible assets having a value in an amount not less than the applicable minimum.
(2)CA Financial Code § 1811(c)(2) Whenever a foreign (other nation) bank which is licensed to transact business in this state ceases to be so licensed, such bank shall thereafter maintain on deposit with an approved depository eligible assets having a value in an amount not less than the applicable minimum for such period of time as the commissioner may determine to be necessary for the protection of creditors of the bank’s business in this state or for the protection of the public interest.
(d)Copy CA Financial Code § 1811(d)
(1)Copy CA Financial Code § 1811(d)(1) No foreign (other nation) bank which maintains eligible assets on deposit with an approved depository pursuant to this section shall withdraw any such eligible assets except with the prior approval of the commissioner.
(2)CA Financial Code § 1811(d)(2) No approved depository which holds eligible assets on deposit from a foreign (other nation) bank pursuant to this section shall release any such eligible assets except with the prior approval of the commissioner or as otherwise provided in subdivision (h).
(e)CA Financial Code § 1811(e) Any foreign (other nation) bank which maintains eligible assets on deposit with an approved depository pursuant to this section shall, unless the commissioner shall have suspended or revoked its license to transact business in this state or taken possession of its property and business in this state, be entitled to receive any income paid on such eligible assets.
(f)Copy CA Financial Code § 1811(f)
(1)Copy CA Financial Code § 1811(f)(1) Whenever a foreign (other nation) bank deposits eligible assets with, or withdraws eligible assets from, an approved depository pursuant to this section, such bank shall do so in accordance with such procedures and requirements as the commissioner may by regulation or order prescribe.
(2)CA Financial Code § 1811(f)(2) Whenever an approved depository receives, holds, or releases eligible assets pursuant to this section, such approved depository shall do so in accordance with such procedures and requirements as the commissioner may by regulation or order prescribe and shall file with the commissioner such reports as and when the commissioner may by regulation or order require.
(g)CA Financial Code § 1811(g) Whenever a foreign (other nation) bank maintains eligible assets on deposit with an approved depository pursuant to this section:
(1)CA Financial Code § 1811(g)(1) The eligible assets shall be deemed to be pledged to the commissioner for the benefit of the creditors of the bank’s business in this state; and, notwithstanding any provision of the Uniform Commercial Code to the contrary, the commissioner, for the benefit of such creditors, shall be deemed to have a security interest in such eligible assets.
(2)CA Financial Code § 1811(g)(2) The eligible assets shall be free from any lien, charge, right of setoff, credit, or preference in connection with any claim of the approved depository against the bank.
(h)Copy CA Financial Code § 1811(h)
(1)Copy CA Financial Code § 1811(h)(1) In case the commissioner takes possession of the property and business of a foreign (other nation) bank which maintains eligible assets on deposit with an approved depository pursuant to this section, such approved depository shall, upon order of the commissioner, release such eligible assets to the commissioner, as liquidator of the property and business of such bank.
(2)CA Financial Code § 1811(h)(2) In case a foreign (other nation) bank which maintains eligible assets on deposit with an approved depository pursuant to this section fails to pay any judgment creditor of its business in this state and the commissioner has not taken possession of the property and business of such bank, such approved depository shall release such eligible assets to the commissioner, and the commissioner shall make such disposition of the eligible assets, as a court of competent jurisdiction of this state or of the United States may order for the benefit of such judgment creditor. For purposes of this paragraph, “judgment creditor of its business in this state” means a person to whom the bank is required to pay money under a judgment which (A) arose out of the bank’s business in this state, (B) has been entered by a court of this state or of the United States, (C) has become final, in that all possibility of direct attack on such judgment by way of appeal, motion for new trial, motion to vacate, or petition for extraordinary writ has been exhausted, and (D) has remained unpaid for a period of not less than 60 days after becoming final.

Section § 1812

Explanation

This section outlines requirements for foreign banks operating branch offices in California. It explains what counts as 'adjusted liabilities' and 'eligible assets.' Adjusted liabilities are the bank's local business liabilities, minus certain exclusions like expenses and liabilities to related offices. Eligible assets include certain deposits and reserves as defined by regulations.

The section mandates that such banks maintain eligible assets up to 108% of their adjusted liabilities. The state regulator, referred to as the commissioner, can decide the specific requirements to ensure the bank's financial stability and protect creditors and public interests. If needed, the commissioner can also require these assets to be held by a bank based in California for added security.

(a)CA Financial Code § 1812(a) In this section:
(1)CA Financial Code § 1812(a)(1) “Adjusted liabilities,” when used with respect to a foreign (other nation) bank which is licensed to maintain a branch office in this state, means the liabilities of such bank’s business in this state, excluding (A) accrued expenses, (B) any liability to an office (whether in or outside of this state) or majority-owned subsidiary of the bank, and (C) such other liabilities as the commissioner may by regulation or order exclude.
(2)CA Financial Code § 1812(a)(2) “Eligible assets” means any asset which the commissioner by regulation or order determines to be eligible for purposes of this section. However, “eligible asset,” when used with respect to a foreign (other nation) bank which is licensed to maintain a branch office, includes (A) any asset which such bank maintains on deposit pursuant to Section 1811 and (B) any reserves which the bank maintains with respect to its business in this state in accordance with requirements prescribed by the Board of Governors of the Federal Reserve System.
(b)CA Financial Code § 1812(b) For purposes of this section, the amount of eligible assets and the amount of adjusted liabilities of a foreign (other nation) bank which is licensed to maintain a branch office in this state shall each be computed for such period, in such manner, and on such basis as the commissioner may by regulation or order prescribe.
(c)CA Financial Code § 1812(c) A foreign (other nation) bank licensed to maintain a branch office in this state shall hold at its branch offices in this state or at such other places as the commissioner may approve, eligible assets in such amount, if any, as the commissioner may from time to time by regulation or order determine to be necessary for the maintenance of sound financial condition, for the protection of the interests of creditors of the bank’s business in this state, or for the protection of the public interest. However, in no event shall such amount exceed 108 percent of the adjusted liabilities of the bank’s business in this state.
(d)CA Financial Code § 1812(d) If the commissioner finds, with respect to a foreign (other nation) bank licensed to maintain a branch office in this state, that such action is necessary for the maintenance of sound financial condition, for the protection of the interests of creditors of such bank’s business in this state, or for the protection of the public interest, the commissioner may order the bank to place all or part of the eligible assets which the bank is required to hold under subdivision (c) in the custody of such bank organized under the laws of this state or such national bank headquartered in this state as the commissioner may designate.

Section § 1813

Explanation

If a foreign bank wants to close its branch or agency office in California, it needs approval from the commissioner first. The bank can bypass this requirement if it follows certain rules in another section of the law.

The commissioner will approve the closure if it's safe for the bank to do so and won't negatively affect the public. If these conditions aren't met, the application will be denied.

Once approval is given and all conditions are met, the bank must close the office and return its license to operate there.

(a)Copy CA Financial Code § 1813(a)
(1)Copy CA Financial Code § 1813(a)(1) No foreign (other nation) bank which is licensed to maintain an agency or branch office shall close such office unless the commissioner shall have first approved such closing.
(2)CA Financial Code § 1813(a)(2) Paragraph (1) shall not be deemed to prohibit a foreign (other nation) bank which is licensed to maintain an agency or branch office from closing such office in accordance with Article 4 (commencing with Section 1825).
(b)CA Financial Code § 1813(b) If the commissioner finds the following with respect to an application by a foreign (other nation) bank for approval to close an agency or branch office, the commissioner shall approve such application:
(1)CA Financial Code § 1813(b)(1) That it will not be unsafe or unsound for the bank to close the office; and
(2)CA Financial Code § 1813(b)(2) That the closing of the office will not be substantially detrimental to the public convenience and advantage or that the closing of the office is necessary in the interests of the safety and soundness of the bank.
If the commissioner finds otherwise, the commissioner shall deny the application.
(c)CA Financial Code § 1813(c) Whenever an application by a foreign (other nation) bank for approval to close an agency or branch office has been approved and all conditions precedent to such closing have been fulfilled, such bank may close such office and shall promptly thereafter surrender to the commissioner the license which authorized it to maintain the office.