Section § 1750

Explanation

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.

In this chapter, unless the context otherwise requires:
(a)CA Financial Code § 1750(a) “Agency” means a depositary agency or a nondepositary agency.
(b)CA Financial Code § 1750(b) “Branch office” means a limited branch office, a retail branch office, or a wholesale branch office.
(c)CA Financial Code § 1750(c) “Business in this state,” when used with respect to a foreign (other nation) bank which is licensed to maintain one or more agencies or branch offices, includes (without limitation) the aggregate business of all the offices.
(d)CA Financial Code § 1750(d) “Controlling person,” when used with respect to a foreign (other nation) bank, means any person who, directly or indirectly, controls the bank. For purposes of this subdivision, “control” has the meaning set forth in subdivision (b) of Section 1250, and “person” has the meaning set forth in subdivision (d) of Section 1250.
(e)CA Financial Code § 1750(e) “Depositary agency,” when used with respect to a foreign (other nation) bank, means a place in this state at which the bank transacts commercial banking business but at which it does not transact the business of receiving deposits, except as permitted under paragraph (2) of subdivision (a) of Section 1805.
(f)CA Financial Code § 1750(f) “Executive officer,” when used with respect to a foreign (other nation) bank or a controlling person of a foreign (other nation) bank, means the chief executive officer, the chief operating officer, the chief financial officer, and any other person who participates or has authority to participate in major policymaking functions of the bank or controlling person. “Executive officer,” when used with respect to a foreign (other nation) bank, includes the head of the international division (or, if there is no such division, the closest equivalent division or unit) of such bank.
(g)CA Financial Code § 1750(g) “Federal agency” has the meaning set forth in Section 1(b) of the International Banking Act of 1978.
(h)CA Financial Code § 1750(h) “Federal branch” has the meaning set forth in Section 1(b) of the International Banking Act of 1978.
(i)Copy CA Financial Code § 1750(i)
(1)Copy CA Financial Code § 1750(i)(1) “License” means a license issued under this chapter, authorizing a foreign bank to maintain an office.
(2)CA Financial Code § 1750(i)(2) To be “licensed” means to be issued or to hold a license.
(3)CA Financial Code § 1750(i)(3) To be “licensed to transact business in this state,” when used with respect to a foreign (other nation) bank, means that the bank is licensed to maintain an agency or branch office.
(j)CA Financial Code § 1750(j) “Limited branch office,” when used with respect to a foreign (other nation) bank, means a place in this state at which the bank transacts commercial banking business but at which it does not transact the business of receiving deposits except as permitted under paragraph (3) of subdivision (a) of Section 1805.
(k)CA Financial Code § 1750(k) “Nondepositary agency,” when used with respect to a foreign (other nation) bank, means a place in this state at which the bank transacts commercial banking business, except the business of receiving deposits.
(l)CA Financial Code § 1750(l) “Office,” when used with respect to a foreign (other nation) bank, means any agency, branch office, or representative office of the bank.
(m)CA Financial Code § 1750(m) “Primary office,” when used with respect to a foreign (other nation) bank that is licensed to maintain a single agency or branch office, means the agency or branch office and, when used with respect to a foreign (other nation) bank that is licensed to maintain two or more agencies or branch offices, means that one of the offices which the bank has designated as its primary office in accordance with Section 1766.
(n)CA Financial Code § 1750(n) “Representative office,” when used with respect to a foreign (other nation) bank, means an office in this state at which the bank engages in representational functions but at which it does not transact commercial banking business.
(o)CA Financial Code § 1750(o) “Retail branch office,” when used with respect to a foreign (other nation) bank, means a place in this state at which the bank transacts commercial banking business, including (without limitation) the business of receiving deposits.
(p)CA Financial Code § 1750(p) “Wholesale branch office,” when used with respect to a foreign (other nation) bank, means a place in this state at which the bank transacts commercial banking business but at which it does not transact the business of receiving deposits except as permitted under paragraph (4) of subdivision (a) of Section 1805.

Section § 1751

Explanation

This law states that federal agencies or branches in California are exempt from the rules in this chapter, except for Section 1760.

Nothing in this chapter, except Section 1760, applies to a federal agency or branch in this state.

Section § 1752

Explanation

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.

(a)CA Financial Code § 1752(a) In this section, “subject bank” means a bank organized under the laws of any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands.
(b)CA Financial Code § 1752(b) Nothing in this chapter, except subdivision (c), shall apply to a subject bank that maintains a branch office in this state as a foreign (other state) state bank pursuant to Chapter 19 (commencing with Section 1670), Section 13(f), 13(k), 18(d), or 44 of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1823(f), 1823(k), 1828(d), or 1831u), or Section 9 of the Federal Reserve Act (12 U.S.C. Sec. 321).
(c)CA Financial Code § 1752(c) No subject bank shall at the same time maintain (1) as a foreign (other nation) bank, an office in this state licensed under this chapter and (2) as a foreign (other state) state bank, a branch office in this state pursuant to Chapter 19 (commencing with Section 1670), Section 13(f), 13(k), 18(d), or 44 of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1823(f), 1823(k), 1828(d), or 1831u), or Section 9 of the Federal Reserve Act (12 U.S.C. Sec. 321).

Section § 1753

Explanation
This law section outlines the different types of offices that foreign banks from other countries can have in California. These offices are classified and ranked from the lowest to the highest level: a representative office, a nondepositary agency, a depositary agency, a limited branch office, a wholesale branch office, and finally a retail branch office.
For purposes of this chapter, offices of foreign (other nation) banks are divided into classes and ranked in ascending order, as follows:
(a)CA Financial Code § 1753(a) Representative office.
(b)CA Financial Code § 1753(b) Nondepositary agency.
(c)CA Financial Code § 1753(c) Depositary agency.
(d)CA Financial Code § 1753(d) Limited branch office.
(e)CA Financial Code § 1753(e) Wholesale branch office.
(f)CA Financial Code § 1753(f) Retail branch office.

Section § 1754

Explanation

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.

(a)CA Financial Code § 1754(a) For purposes of this chapter:
(1)CA Financial Code § 1754(a)(1) Changing a lower class office into a higher class office shall be treated as establishing the higher class office, but not as closing the lower class office.
(2)CA Financial Code § 1754(a)(2) Changing a higher class office into a lower class office shall be treated as closing the higher class office, but not as establishing the lower class office.
(b)CA Financial Code § 1754(b) In the case of changing a higher class office into a lower class office, when the application for approval to close the higher class office has been approved and all conditions precedent to the closing have been fulfilled, the foreign (other nation) bank may change the higher class office into the lower class office, and the commissioner shall issue a license authorizing the bank to maintain the lower class office.

Section § 1755

Explanation

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.

Fees shall be paid to, and collected by, the commissioner, as follows:
(a)CA Financial Code § 1755(a) The fee for filing with the commissioner an application by a foreign (other nation) bank that is not licensed to transact business in this state for approval to establish a branch office shall be two thousand dollars ($2,000).
(b)CA Financial Code § 1755(b) The fee for filing with the commissioner an application by a foreign (other nation) bank that is not licensed to transact business in this state for approval to establish an agency shall be one thousand five hundred dollars ($1,500).
(c)CA Financial Code § 1755(c) The fee for filing with the commissioner an application by a foreign (other nation) bank that is licensed to transact business in this state for approval to establish a branch office shall be one thousand dollars ($1,000).
(d)CA Financial Code § 1755(d) The fee for filing with the commissioner an application by a foreign (other nation) bank that is licensed to transact business in this state for approval to establish an agency shall be seven hundred fifty dollars ($750).
(e)CA Financial Code § 1755(e) The fee for filing with the commissioner an application by a foreign (other nation) bank for approval to establish a representative office shall be two hundred fifty dollars ($250).
(f)CA Financial Code § 1755(f) The fee for filing with the commissioner an application by a foreign (other nation) bank that is licensed to maintain an agency or branch office for approval to relocate or to close the office shall be two hundred fifty dollars ($250).
(g)CA Financial Code § 1755(g) The fee for filing with the commissioner an application by a foreign (other nation) bank that is licensed to maintain a representative office for approval to relocate or to close the representative office shall be one hundred dollars ($100).
(h)CA Financial Code § 1755(h) The fee for issuing a license shall be twenty-five dollars ($25).
(i)CA Financial Code § 1755(i) Each foreign (other nation) bank that on June 1st of any year is licensed to maintain a representative office but is not licensed to transact business in this state shall pay, on or before the following July 1st, a fee of two hundred fifty dollars ($250) for each such representative office.

Section § 1756

Explanation

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.

Each application filed with the commissioner under this chapter or under any regulation or order issued under this chapter shall be in such form, shall contain such information, shall be signed in such manner, and shall (if the commissioner so requires by regulation or order) be verified in such manner, as the commissioner may by regulation or order require.

Section § 1757

Explanation

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.

(a)CA Financial Code § 1757(a) In this section, “act” includes (without limitation) omission.
(b)CA Financial Code § 1757(b) For purposes of making findings on an application by a foreign (other nation) bank for approval to establish an office:
(1)CA Financial Code § 1757(b)(1) The commissioner may, in the absence of credible evidence to the contrary, presume that the directors, executive officers, and any controlling person of the bank and the directors and executive officers of any controlling person of the bank are each of good character and sound financial standing.
(2)CA Financial Code § 1757(b)(2) The commissioner may find that the bank, a director, executive officer, or a controlling person of the bank, or a director or executive officer of a controlling person of the bank is not of good character if that person has done any of the following:
(A)CA Financial Code § 1757(b)(2)(A) Has been convicted of, or has pleaded nolo contendere to, any crime involving an act of fraud or dishonesty.
(B)CA Financial Code § 1757(b)(2)(B) Has consented to or suffered a judgment in any civil action based upon conduct involving an act of fraud or dishonesty.
(C)CA Financial Code § 1757(b)(2)(C) Has consented to or suffered the suspension or revocation of any professional, occupational, or vocational license based upon conduct involving an act of fraud or dishonesty.
(D)CA Financial Code § 1757(b)(2)(D) Has willfully made or caused to be made in any application or report filed with the commissioner or in any proceeding before the commissioner, any statement that was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, or has willfully omitted to state in any application or report filed with the commissioner or in any proceeding before the commissioner, any material fact that was required to be stated therein.
(E)CA Financial Code § 1757(b)(2)(E) Has willfully committed any violation of, or has willfully aided, abetted, counseled, commanded, induced, or procured the violation by any other person of, any provision of this division or of any regulation or order issued under this division.
(c)CA Financial Code § 1757(c) Paragraph (2) of subdivision (b) shall not be deemed to be an exclusive list of the grounds upon which the commissioner may find, for purposes of making findings on an application by a foreign (other nation) bank for approval to establish an office, that the bank, a director, executive officer, or controlling person of the bank, or a director or executive officer of a controlling person of the bank is not of good character.

Section § 1758

Explanation

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.

(a)CA Financial Code § 1758(a) Each foreign (other nation) bank that is licensed to maintain an office shall file with the commissioner reports as and when the commissioner may, by regulation or order, require.
(b)CA Financial Code § 1758(b) Each report filed with the commissioner under this chapter or under any regulation or order issued under this chapter shall be in the form, shall contain the information, shall be signed in the manner, and shall (if the commissioner so requires by regulation or order) be verified in the manner, that the commissioner may, by regulation or order, require.

Section § 1759

Explanation

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.

Each foreign (other nation) bank that is licensed to maintain an office shall make, keep, and preserve at the office or at another place that the commissioner may, by regulation or order, approve, the books, accounts, and other records relating to the business of the office, in the form, in the manner, and for the time that the commissioner may, by regulation or order, provide.

Section § 1760

Explanation

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.

(a)CA Financial Code § 1760(a) No foreign (other nation) bank which is licensed to maintain an agency or branch office shall concurrently maintain a federal agency or federal branch in this state.
(b)CA Financial Code § 1760(b) No foreign (other nation) bank which maintains a federal agency or federal branch in this state shall concurrently be licensed to maintain an agency or branch office in this state.

Section § 1761

Explanation

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.

(a)CA Financial Code § 1761(a) No foreign (other nation) bank shall concurrently be licensed to maintain offices of different classes.
(b)CA Financial Code § 1761(b) Subdivision (a) does not prohibit a foreign (other nation) bank that is licensed to maintain a representative office from being concurrently licensed to maintain an office of a different class or to prohibit a foreign (other nation) bank that is licensed to maintain an office other than a representative office from being concurrently licensed to maintain a representative office.

Section § 1762

Explanation

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.

(a)Copy CA Financial Code § 1762(a)
(1)Copy CA Financial Code § 1762(a)(1) No foreign (other nation) bank (other than a bank that is licensed to maintain an agency or branch office) shall be issued a license to maintain a representative office unless it shall have first filed with the commissioner, in the form that the commissioner may by regulation or order require, an appointment irrevocably appointing the commissioner and the commissioner’s successor from time to time in office to be the bank’s attorney to receive service of any lawful process in any noncriminal judicial or administrative proceeding against the bank or any of its successors that arises out of the activities in this state of the representative office after the appointment has been filed, with the same force and validity as if served personally on the bank or its successor, as the case may be.
(2)CA Financial Code § 1762(a)(2) Any foreign (other nation) bank (other than a bank that is licensed to maintain an agency or branch office or that maintains a federal agency or federal branch in this state) that maintains a representative office and that has not filed with the commissioner an appointment pursuant to paragraph (1) shall be deemed by the maintenance of that office to have appointed the commissioner as its attorney to receive service of any lawful process in any noncriminal judicial or administrative proceeding against the bank or any of its successors that arises out of the activities in this state of the representative office with the same force and validity as if served personally on the bank or its successor, as the case may be.
(b)Copy CA Financial Code § 1762(b)
(1)Copy CA Financial Code § 1762(b)(1) No foreign (other nation) bank shall be issued a license to maintain an agency or branch office unless it shall have first filed with the commissioner, in the form that the commissioner may by regulation or order require, an appointment irrevocably appointing the commissioner and the commissioner’s successor from time to time in office to be the bank’s attorney to receive service of any lawful process in any noncriminal judicial or administrative proceeding against the bank or any of its successors that arises after the appointment has been filed, with the same force and validity as if served personally on the bank or its successor, as the case may be.
(2)CA Financial Code § 1762(b)(2) Any foreign (other nation) bank that maintains an agency or branch office (other than a federal agency or federal branch) and that has not filed with the commissioner an appointment pursuant to paragraph (1) shall be deemed by the maintenance of that office to have appointed the commissioner as its attorney to receive service of any lawful process in any noncriminal judicial or administrative proceeding against the bank or any of its successors with the same force and validity as if served personally on the bank or its successor, as the case may be.
(c)CA Financial Code § 1762(c) Service may be made on a foreign (other nation) bank that has appointed or is deemed to have appointed the commissioner as its attorney for service of process by leaving a copy of the process at any office of the commissioner. However, the service is not effective unless (1) the party making the service, who may be the commissioner, forthwith sends notice of the service and a copy of the process by registered or certified mail to the bank served at its last address on file with the commissioner at any of its offices in this state or at its head office, and (2) an affidavit of compliance with this subdivision by the party making service is filed in the case on or before the return date, if any, or within any further time that the court, in the case of a judicial proceeding, or the administrative agency, in the case of an administrative proceeding, allows.

Section § 1763

Explanation

This law states that a license cannot be transferred or assigned to another person or entity.

No license shall be transferable or assignable.

Section § 1764

Explanation

If a foreign bank has a license to operate in a location, it must display that license prominently at its office.

Each foreign (other nation) bank that is licensed to maintain an office shall post its license in a conspicuous place at the office.

Section § 1765

Explanation

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'.

(a)CA Financial Code § 1765(a) Each foreign (other nation) bank that is licensed to maintain an office shall assign to the office a popular name that consists of a specific designation by name or number and shall post the popular name and the name of the bank in a conspicuous place at the office.
(b)CA Financial Code § 1765(b) The popular name that a foreign (other nation) bank assigns to a representative office that it is licensed to maintain shall include the term “representative office.”
(c)CA Financial Code § 1765(c) The popular name that a foreign (other nation) bank assigns to an agency that it is licensed to maintain shall not include the term “branch” unless the term is modified by the word “foreign” or “overseas” or by a similar word.

Section § 1766

Explanation

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.

Whenever a foreign (other nation) bank is licensed to maintain two or more agencies or branch offices, it shall designate one of such offices as its primary office.

Section § 1767

Explanation

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.

Each foreign (other nation) bank that is licensed to maintain an office shall conduct all of the business of the office in a single building or in adjoining buildings. However, for good cause and with the approval of the commissioner, the bank may conduct part of the business of the office elsewhere in the same vicinity.

Section § 1768

Explanation

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.

Any foreign (other nation) bank that, at the time it makes a loan or forbearance or executes a contract therefor, has assets equal to at least one hundred million dollars ($100,000,000), is licensed to maintain an office in California, is licensed or otherwise authorized by another state of the United States to maintain an agency or branch office in that state, or maintains a federal agency or federal branch in any state of the United States is exempted from the restrictions of Section 1 of Article XV of the Constitution relating to rates of interest upon the loan or forbearance of any money, goods, or things in action or on accounts after demand.
This section does not exempt a foreign (other nation) bank or a subsidiary thereof from complying with all other laws and regulations governing the business in which such a bank or subsidiary is engaged.
This section creates and authorizes an exempt class of persons pursuant to Section 1 of Article XV of the Constitution.