Foreign (other Nation) BanksGeneral Provisions
Section § 1750
This section defines terms related to foreign banks operating in California. An "agency" can be a depositary or nondepositary branch. "Branch office" covers limited, retail, or wholesale branches. "Business in this state" for foreign banks means all combined operations. A "controlling person" is someone who controls the bank, directly or indirectly. A "depositary agency" is a location that handles commercial banking but not deposits, except in certain cases. "Executive officer" includes top decision-makers in the bank. Definitions for "federal agency" and "federal branch" refer to federal laws. "License" refers to permission for foreign banks to operate offices. "Limited branch office" performs commercial activities but does not accept deposits. "Nondepositary agency" also does commercial banking but not deposits. "Office" can mean any bank location. The "primary office" is the main location of operations designated by the bank. "Representative office" is for representational, non-banking functions. "Retail branch office" is where full banking services, including deposits, occur. "Wholesale branch office" offers commercial services without taking deposits except in specified situations.
Section § 1751
This law states that federal agencies or branches in California are exempt from the rules in this chapter, except for Section 1760.
Section § 1752
This section defines what a 'subject bank' is, specifically referring to a bank organized under U.S. territory laws like Puerto Rico and Guam. The law states that most regulations in this chapter don't apply to subject banks that have a branch in California as a 'foreign' or 'other state' bank, except for a specific subdivision. It also stipulates that no subject bank can have both an 'other nation' office and an 'other state' branch in California simultaneously according to certain federal laws.
Section § 1753
Section § 1754
This law deals with how foreign banks change the classification of their offices in California. If a bank upgrades a lower class office to a higher class, it's like setting up a new higher class office while keeping the lower one open. Downgrading a higher class office to a lower class is like closing the higher one, not creating a new lower office. When a foreign bank has approval to downgrade, and all requirements are met, the bank can make the change, and the commissioner will give them a license to operate the new lower class office.
Section § 1755
This law explains the fees that foreign banks must pay to the California commissioner for various applications related to their operations in the state. If a foreign bank that is not licensed in California wants to open a branch, they pay $2,000, while opening an agency costs $1,500. If a foreign bank already licensed in the state wants to open a branch, the fee is $1,000; for an agency, it is $750. Setting up a representative office costs $250, and both relocating and closing a branch or agency cost $250 for licensed banks, while relocating or closing a representative office costs $100. Finally, there is a general licensing fee of $25, and a fee of $250 is charged annually for foreign banks with a representative office that doesn't have a business license in the state.
Section § 1756
This law states that when someone applies to the commissioner under this chapter, their application must follow specific format and content guidelines set by the commissioner. It also needs to be signed and maybe verified in a way that the commissioner decides if required.
Section § 1757
This law section deals with evaluating applications from foreign banks that want to set up offices. It explains that the bank's leaders are generally presumed to be trustworthy unless proven otherwise. However, if any key person associated with the bank has been involved in fraud, dishonesty, or other unlawful activities, the commissioner can decide they're not of good character. Such activities include criminal convictions for fraud, civil judgments, or misleading statements in official documents. This isn't an exhaustive list, and other reasons could also lead to a negative finding.
Section § 1758
Foreign banks with an office in California must submit reports to the state's banking commissioner whenever required. These reports need to follow the specific format and include the information that the commissioner specifies. They must also be signed and possibly verified according to the commissioner's instructions.
Section § 1759
This law requires foreign banks with a license to operate an office in California to keep all business-related records like books and accounts. These records must be maintained in a way and for a duration specified by the commissioner, who may approve where they're kept.
Section § 1760
This law states that foreign banks from other countries cannot have both a state-licensed agency or branch and a federal agency or branch in California at the same time. If a foreign bank has a federal agency or branch, it cannot also be licensed to have a state agency or branch, and vice versa.
Section § 1761
This law states that a foreign bank from another country cannot be licensed to operate offices of different types at the same time. However, there are exceptions: a foreign bank with a license for a representative office can also have a license for a different type of office, and vice versa.
Section § 1762
This law states that a foreign bank wanting to open a representative, agency, or branch office in California without a prior license must appoint the commissioner as its legal representative for receiving any non-criminal legal papers related to the bank's activities in the state. In cases where a bank hasn't made such an appointment but still operates an office, they are automatically considered to have appointed the commissioner as their legal representative.
Service of legal documents can be completed by delivering them to any commissioner’s office. To be valid, a notice of service and copies must be mailed to the bank’s last known address, and proof of compliance must be filed by a certain deadline or extended period approved by a court or agency.
Section § 1763
This law states that a license cannot be transferred or assigned to another person or entity.
Section § 1764
If a foreign bank has a license to operate in a location, it must display that license prominently at its office.
Section § 1765
If a foreign bank has an office in a different country, it needs to give that office a unique name and display it clearly at the location. If the office is a representative office, the name must include the words 'representative office'. For agencies, the name cannot include the word 'branch' unless it's clearly noted as being 'foreign' or 'overseas'.
Section § 1766
If a foreign bank operating in another country gets a license to have two or more offices in a certain area, it must choose one of those offices to be its main office.
Section § 1767
Foreign banks with a license to operate an office in this jurisdiction must run their operations from one building or adjacent buildings. If a bank can provide a good reason and gets permission from the commissioner, it can also conduct some of its business from nearby locations.
Section § 1768
This law says that foreign banks, meaning banks from other countries, with at least $100 million in assets and a license to operate in California, or in another U.S. state or federally, are not restricted by California's interest rate limits on loans or debt-related contracts. However, these banks still need to follow all other relevant business laws and regulations. Essentially, it creates an exempt category under the state constitution for these kinds of banks regarding interest rates.