Section § 1480

Explanation

This section defines what counts as "obligations" for the purposes of this financial legal article. Basically, it includes all the amounts a person has to pay back to a commercial bank, whether directly or indirectly. It covers various entities like individuals, partnerships, corporations, and governments. Each type of entity's obligations can also extend to certain related parties or subsidiaries. However, there are cases where specific exceptions can be made by a commissioner, but this needs special approval before the obligations are created.

For the purpose of this article:
(a)CA Financial Code § 1480(a) “Obligations” means the total sums for the payment of which a person is obligated, primarily or secondarily, to a commercial bank.
(b)CA Financial Code § 1480(b) Obligations of a person include obligations of others to a commercial bank arising out of loans made by the bank for the benefit of the person.
(c)CA Financial Code § 1480(c) Obligations of an individual include the obligations of a partnership or association for which obligations the individual is liable.
(d)CA Financial Code § 1480(d) Obligations of a partnership include the obligations of its members who are liable for its obligations.
(e)CA Financial Code § 1480(e) Obligations of a corporation include the obligations of all subsidiaries in which it owns or controls a majority interest, except to the extent and under such restrictions as the commissioner may prescribe in specific instances upon special application made by any bank prior to the creation of the obligations.
(f)CA Financial Code § 1480(f) Obligations of a sovereign government or agency include the obligations of instrumentalities or political subdivisions of the government or agency, except to the extent and under such restrictions as the commissioner may prescribe in specific instances upon special application made by any bank prior to the creation of the obligations.
(g)CA Financial Code § 1480(g) Obligations of a limited liability company include the obligations of all subsidiaries in which it owns or controls a majority interest, except to the extent and under any restrictions the commissioner may prescribe in specific instances upon special application made by any bank prior to the creation of the obligations.

Section § 1481

Explanation

This section outlines how much debt one person can owe to a commercial bank at a time, excluding specific types of obligations. Unsecured debts can't be more than 15% of certain bank financial components like shareholders' equity and loan loss allowances. Total debts, both secured and unsecured, should not exceed 25% of these components.

There's an allowance for excluding some income in these calculations, based on federal regulations. Additionally, debts from discounting commercial paper, a type of short-term borrowing, should not exceed 40%. Banks aren't required to reduce or dispose of existing loans that were compliant when made, nor are they prevented from renewing such loans.

The obligations, as defined in Section 1480, excepting the obligations described in Section 1485 and the obligations described in Section 1483, of any one person owing to a commercial bank at any one time shall not exceed the following limitations:
(a)CA Financial Code § 1481(a) Obligations which are unsecured shall not exceed 15 percent of the sum of the shareholders’ equity, allowance for loan losses, capital notes, and debentures of the bank.
(b)CA Financial Code § 1481(b) Obligations, secured and unsecured, in all shall not exceed 25 percent of the sum of the shareholders’ equity, allowance for loan losses, capital notes, and debentures of the bank.
The calculation in subdivision (a) and this subdivision shall conform to a commercial bank’s one-time election to opt out of the requirement to include all components of accumulated other comprehensive income pursuant to, and in accordance with, the authority granted in paragraph (2) of subdivision (b) of Section 324.22 of Part 324 of Title 12 of the Code of Federal Regulations.
Obligations arising out of the discount of commercial or business paper actually owned by the person negotiating the same and endorsed by such person without limitation, together with the secured and unsecured obligations, if any, of such person, shall not exceed 40 percent of the sum of the shareholders’ equity, allowance for loan losses, capital notes, and debentures of the bank.
No commercial bank shall be required, solely by reason of the amendments of this article, to dispose of or reduce any loan which complied with the applicable limitations of this division at the time such loan was made, nor shall any such bank be prevented solely by reason of the provisions of this article from renewing any such loan from time to time.

Section § 1482

Explanation

This law states that an obligation, like a loan, cannot be considered secured by personal property or collateral unless that collateral meets specific conditions. The property must not have been declared ineligible by the commissioner and should be worth at least 15% more than the owed amount, unless it's a bank deposit, which must be equal to the obligation's amount. The commissioner can set rules on which types of personal property might not be used as security.

For obligations claimed to be secured by real property, they need to comply with specific other sections referred to in this law. Additionally, loans that are secured and unsecured must be represented by separate notes and cannot be combined into a single note.

An obligation shall not be deemed secured by personal property or collateral unless the personal property or collateral held as security is of a kind which has not been declared ineligible by the commissioner and unless it has a market value at least 15 percent greater than the amount of the obligations secured thereby or, if the security is a bank deposit, it shall have a face value at least equal to the amount of the obligations secured thereby. The commissioner may by general regulation declare any particular kinds or classes of personal property ineligible as security. An obligation shall not be deemed secured by real property unless the obligation and the lien securing the same conform to the provisions of Section 1486, 1489, 1494, 1495, or 1496 or the first sentence of Section 1493. Secured and unsecured loans shall be represented by separate notes and shall not be combined in any way within one note or notes.

Section § 1483

Explanation

This law explains that commercial banks in California can issue letters of credit and accept drafts or bills of exchange related to trade and shipping of goods. The drafts or bills can't have a term of more than six months and must be linked to import/export or domestic shipments, or backed by documents like warehouse receipts. Banks have a limit on how much they can accept in these drafts or bills, typically not more than 150% of their financial base, or 200% with special permission, and not more than 10% for one person without additional security. Additionally, if a bank's acceptance is sold to another institution through a participation agreement, these limitations don't apply to the portion covered by this agreement.

(a)CA Financial Code § 1483(a) In addition to the limitations contained in Section 1481 a commercial bank may issue letters of credit and a commercial bank may accept drafts or bills of exchange drawn upon it having not more than six months’ sight to run, exclusive of days of grace, which grow out of transactions involving the importation or exportation of goods; or which grow out of transactions involving the domestic shipment of goods; or which are secured at the time of acceptance by a warehouse receipt or other such document conveying or securing title covering readily marketable staples. A commercial bank shall not accept such drafts or bills in the aggregate to an amount exceeding 150 percent of the sum of its shareholders’ equity, allowance for loan losses, capital notes, and debentures or, when authorized by the commissioner, to an amount exceeding 200 percent of the sum of its shareholders’ equity, allowance for loan losses, capital notes, and debentures. A commercial bank shall not accept such drafts or bills for any one person to an amount exceeding 10 percent of the sum of its shareholders’ equity, allowance for loan losses, capital notes, and debentures, unless the bank is and remains secured by either attached documents or some other actual security growing out of the same transaction as the acceptance.
(b)CA Financial Code § 1483(b) With respect to a bank which issues an acceptance, the limitations contained in this section shall not apply to that portion of an acceptance which is issued by such bank and which is covered by a participation agreement sold to another institution.

Section § 1484

Explanation

This law says that a commercial bank in California, with approval from the commissioner, may accept drafts or bills of exchange from foreign banks if they have no more than three months to be payable. However, there are limits to how much a bank can accept. A bank can't accept these drafts if they exceed 10% of its financial backing (like equity or loan loss allowances) unless they're backed by security or documents of ownership. Overall, the bank can't exceed accepting drafts totaling more than 50% of its financial backing.

With the approval of the commissioner a commercial bank may accept drafts or bills of exchange drawn upon it having not more than three months’ sight to run, exclusive of days of grace, drawn by banks or bankers in foreign countries for the purpose of furnishing dollar exchange as required by the usages of trade in the respective countries; provided, no commercial bank shall accept such drafts or bills of exchange for any one bank to any amount exceeding 10 percent of the sum of the shareholders’ equity, allowance for loan losses, capital notes, and debentures of the accepting bank unless the draft or bill of exchange is accompanied by documents conveying or securing title or unless the bank is secured by some other adequate security. A commercial bank shall not accept such drafts or bills, whether secured or unsecured, in the aggregate to an amount exceeding 50 percent of the sum of its shareholders’ equity, allowance for loan losses, capital notes, and debentures.

Section § 1485

Explanation

This law specifies certain types of loans and obligations that are exempt from the limitations of Section 1481. It includes loans backed by U.S. government obligations or guarantees, Federal Reserve-related transactions, certain loans approved by the commissioner, and obligations guaranteed or insured by the Federal Housing Administration. It also covers specific draft or bill transactions, bankers' acceptances eligible for Federal Reserve rediscount, obligations from clearinghouse transactions, and obligations secured by deposits if certain conditions are met, including specific rules for foreign currency deposits.

The limitations of Section 1481 shall not apply to the following and the following shall not be included among the obligations of a person for the purpose of applying these limitations:
(a)CA Financial Code § 1485(a) Loans secured by obligations of the United States or by obligations unconditionally guaranteed both as to principal and interest by the United States, having a market value at least 10 percent in excess of the loans secured thereby.
(b)CA Financial Code § 1485(b) Loans in an amount and of a type or class previously approved in writing by the commissioner that are secured by not less than a like amount of obligations of the United States or by obligations unconditionally guaranteed both as to principal and interest by the United States.
(c)CA Financial Code § 1485(c) Loans to the extent that they are covered by guarantees or by commitments to take over or to purchase without recourse made by (1) any Federal Reserve bank, (2) the United States, (3) any department, bureau, board, commission, agency, or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States, or (4) any small business development corporation, urban development corporation, or rural development corporation incorporated pursuant to Part 5 (commencing with Section 14000) of Division 3 of Title 1 of the Corporations Code.
(d)CA Financial Code § 1485(d) Drafts or bills of exchange drawn in good faith against actual existing values with negotiable bills of lading attached, whether or not accepted by the drawee.
(e)CA Financial Code § 1485(e) Bankers’ acceptances of other banks which are eligible for rediscount with a Federal Reserve bank.
(f)CA Financial Code § 1485(f) Obligations resulting from daily clearances through any clearinghouse association.
(g)CA Financial Code § 1485(g) Obligations that are fully guaranteed or fully insured or covered by a commitment to fully guarantee or fully insure by the Federal Housing Administration.
(h)CA Financial Code § 1485(h) Obligations, including portions thereof, to the extent secured by a segregated deposit account in the lending bank, provided a security interest in the deposit has been perfected under applicable law, and subject to all of the following conditions:
(1)CA Financial Code § 1485(h)(1) Where the deposit is eligible for withdrawal before the secured obligation matures, the lending bank shall establish internal procedures to prevent release of the security without the lending bank’s prior consent.
(2)CA Financial Code § 1485(h)(2) A deposit that is denominated and payable in a currency other than that of the obligation that it secures may be eligible for this exception if the currency is freely convertible to United States dollars.
(A)CA Financial Code § 1485(h)(2)(A) This exception applies only to that portion of the obligation that is covered by the United States dollar value of the deposit.
(B)CA Financial Code § 1485(h)(2)(B) The lending bank shall establish procedures to periodically revalue foreign currency deposits to ensure that the loan or extension of credit remains fully secured at all times.
(i)CA Financial Code § 1485(i) Obligations described in Section 1510.

Section § 1486

Explanation

This law outlines the conditions under which a commercial bank can make a loan secured by a first lien on real property or leasehold. Loans must meet certain criteria such as term length not exceeding 10 or 30 years, depending on the type, and amounts not exceeding a percentage of the property's appraised value, usually ranging from 60 to 90 percent.

There are specific exceptions, such as loans for farm lands or short-term loans, which may have different term limits and valuations. The law also allows banks to make loans that don't follow these restrictions if it's necessary to help sell real property owned by the bank.

A commercial bank may lend on the security of a first lien on real property or a first lien on a leasehold under a lease which does not expire, or which has been extended or renewed so that it does not expire, for at least 10 years beyond the maturity date of the loan, if:
(a)CA Financial Code § 1486(a) The term of the loan does not exceed 10 years and the amount does not exceed 60 percent of the sound market value of the property or leasehold, together with the improvements located on the property which are made subject to the lien, as determined by proper appraisal.
(b)CA Financial Code § 1486(b) The term of the loan does not exceed 30 years, is repayable in substantially equal installments not less often than monthly (or a variation therefrom as may be authorized under a loan executed pursuant to Section 1916.5 or 1916.8 of the Civil Code), with payments commencing not later than 60 days from the date of the loan or, in the case of a construction loan, commencing not later than one year from the date of the loan, and the amount does not exceed 90 percent of the sound market value of the property or leasehold, together with the improvements located on the property which are made subject to the lien, as determined by proper appraisal, provided, however, the loan may exceed 90 percent of the sound market value of the property or leasehold if that portion of the loan which is in excess of 90 percent is guaranteed or insured by a private insurer licensed by the Insurance Commissioner.
(c)CA Financial Code § 1486(c) The loan is made pursuant to and in conformance with regulations adopted under Section 1916.12 of the Civil Code.
(d)CA Financial Code § 1486(d) The loan is on a farm or productive agricultural lands, the term does not exceed 30 years, is repayable in substantially equal installments not less often than annually, and the amount does not exceed 90 percent of the sound market value of the property or leasehold, together with the improvements located on the property which are made subject to the lien, as determined by proper appraisal.
(e)CA Financial Code § 1486(e) The term of the loan does not exceed six months and the amount does not exceed 85 percent of the sound market value of the property or leasehold, together with the improvements located on the property which are made subject to the lien, as determined by proper appraisal.
(f)CA Financial Code § 1486(f) The term of the loan does not exceed 60 months, the amount does not exceed 85 percent of the sound market value of the property or leasehold, together with the improvements located on the property which are made subject to the lien, as determined by proper appraisal, and the loan is for the purpose of financing building operations under a plan providing for payment of the loan or providing for refinancing by loans otherwise permitted by this chapter.
A commercial bank may make a loan without regard to the above restrictions when necessary to facilitate the sale of real property owned by the bank.

Section § 1487

Explanation

This law says that if you have a mortgage or deed of trust on real estate and you fail to pay what's required, like taxes or insurance, the bank can speed up when your loan is due or take other actions, regardless of whether or not this failure hurts the bank's security interest in your property.

It applies to banks chartered by the state or nation, as well as anyone allowed by the state to make real estate loans, including their parent companies or successors.

(a)CA Financial Code § 1487(a) The provisions of any deed of trust or mortgage on real property which authorize any state or nationally chartered bank to accelerate the maturity date of the principal and interest on any loan secured thereby or to exercise any power of sale or other remedy contained in the deed of trust or mortgage, upon the failure of the trustor or mortgagor to pay, at the times provided under the terms of the deed of trust or mortgage, any taxes, rents, assessments, or insurance premiums with respect to the real property securing the loan, or upon the failure to pay any advances made with respect to the deed of trust or mortgage by the state or nationally chartered bank, shall be enforceable whether or not an impairment of the security interest in the real property has resulted from the failure of the trustor or mortgagor to pay the taxes, rents, assessments, insurance premiums, or advances.
(b)CA Financial Code § 1487(b) “State or nationally chartered bank,” as used in this section and Section 1488, includes any person authorized by this state to make or arrange loans secured by real property, or a holding company of a state or nationally chartered bank or any successor in interest.

Section § 1488

Explanation

This law says that if a bank is allowed by a mortgage or deed of trust to handle and distribute the payout from an insurance policy on a property, they can do so even if the property's security interest wasn't harmed by the incident that triggered the insurance payout.

The provisions of any deed of trust or mortgage on real property which authorize any state or nationally chartered bank to receive and control the disbursement of the proceeds of any policy of fire, flood, or other hazard insurance respecting the real property shall be enforceable whether or not an impairment of the security interest in the property has resulted from the event that caused the proceeds of the insurance policy to become payable.

Section § 1489

Explanation

This law allows commercial banks in California to lend money using a first lien on real property or a long-term leasehold as security, provided those liens last at least 10 years beyond the loan's maturity date. Loans can be granted under certain conditions: if they are fully guaranteed or insured by the U.S. government or approved agencies, if they meet criteria under the Servicemen’s Readjustment Act, or if the loan involves the Small Business Administration's participation.

A commercial bank may lend on the security of a first lien on real property or a first lien on a leasehold under a lease which does not expire, or which has been extended or renewed so that it does not expire, for at least 10 years beyond the maturity date of the loan, if the criteria of any of the following subdivisions are satisfied:
(a)CA Financial Code § 1489(a) The loan is fully guaranteed or insured or covered by a commitment to guarantee or insure by the United States, the Federal Housing Administrator, or by any other agency of the United States which the commissioner shall have approved for the purposes of this subdivision as an issuer of insurance or guarantees of loans on real property, whether the proceeds of the guarantee or insurance is payable in cash or in obligations of the United States.
(b)CA Financial Code § 1489(b) The loan is fully guaranteed by the United States or any agency thereof pursuant to the “Servicemen’s Readjustment Act of 1944” or any act of Congress supplementary or amendatory thereof, or, if a portion of the loan is so guaranteed, then if the unguaranteed portion of the loan does not exceed 80 percent of the sound market value of the property or leasehold for loan purposes as determined by proper appraisal.
(c)CA Financial Code § 1489(c) The loan is one in which the Small Business Administration cooperates through agreements to participate on an immediate or deferred basis under the Small Business Act, as amended.

Section § 1490

Explanation

This law states that a commercial bank in California cannot lend more than 5% of its total assets based on the stock of a single corporation or the bonds of a single debtor. However, there are exceptions for U.S. bonds, California state bonds, and bonds from certain local government entities in California that are suitable for savings banks investments.

A commercial bank shall not lend in the aggregate more than 5 percent of its assets upon the security of the stock of any one corporation or upon the security of the bonds of any one obligor except bonds of the United States or for the payment of which the credit of the United States is pledged, bonds of the State of California or for the payment of which the credit of the State of California is pledged, and bonds of any county, city and county, city, metropolitan water district, school district, or irrigation district of the State of California which qualify as investments for savings banks.

Section § 1491

Explanation

This law prevents commercial banks from making loans based on corporate securities under certain conditions. First, borrowers or underwriters must have already covered at least 25% of their purchase obligations if they are required to buy the securities securing the loan. Second, the bank itself cannot be responsible for paying back the loan. Third, the loan's term, including any renewals, cannot exceed one year. Lastly, the loan amount cannot surpass 25% of the bank's financial health metrics, which include shareholder equity, loan loss reserves, and other capital instruments.

No loan shall be made by any commercial bank upon the securities of one or more corporations, the payment of which loan is undertaken, in whole or in part, severally, but not jointly, by two or more persons in any of the following circumstances:
(a)CA Financial Code § 1491(a) If the borrowers or underwriters are obligated absolutely or contingently to purchase the securities, or any of them, collateral to the loan, unless the borrowers or underwriters have paid on account of the purchase of the securities an amount in cash, or its equivalent, equal to at least 25 percent of the several amounts for which they remain obligated in completing the purchase of the securities.
(b)CA Financial Code § 1491(b) If the commercial bank making the loan is liable, directly or indirectly, or contingently, for the repayment of the loan or any part thereof.
(c)CA Financial Code § 1491(c) If its term, including any renewal thereof by agreement, express or implied, exceeds the period of one year.
(d)CA Financial Code § 1491(d) Or to an amount under any circumstances in excess of 25 percent of the sum of the commercial bank’s shareholders’ equity, allowance for loan losses, capital notes, and debentures.

Section § 1492

Explanation

This law states that a commercial bank is allowed to take extra security, like a lien or a pledge of property, for a loan that has already been given in good faith. It doesn’t place any limits on what property can be used as this additional security.

Nothing in this chapter restricts a commercial bank in taking any lien on or pledge of any property as additional security for a loan already made in good faith.

Section § 1493

Explanation

This law section allows a commercial bank to hold or take a secondary lien on a property if it already has the primary lien. However, the total amount loaned on all such liens must not exceed 90% of the property's market value, as decided by a formal appraisal. The bank can also lend money based on the full amount of a first lien through a deed of trust or mortgage, but again, the loan can't be more than 90% of the property's appraised market value.

A commercial bank holding a first lien on real property may take, or purchase and hold, or loan upon another and immediately junior lien but all such loans shall not exceed in the aggregate 90 percent of the sound market value of the property as determined by proper appraisal. A commercial bank may loan not to exceed the face value of a deed of trust or mortgage which constitutes a first lien upon real property, but in no event shall any such loan exceed 90 percent of the sound market value of the property covered by said mortgage or deed of trust as determined by proper appraisal.

Section § 1494

Explanation
A commercial bank in California can lend money to someone who owns shares in a cooperative housing corporation, as long as the money is secured by the shares and the right to live in the property. The bank loan must meet certain conditions: it can't be longer than 30 years, payments are mostly equal and due monthly, starting within 60 days, and the loan cannot be more than 80% of the market value of the shares. The lease agreement for the property must say that long-term subleases or changes need the bank's approval, and if the borrower doesn't pay back the loan, the bank can sell the shares after notifying them and the housing corporation. This type of loan is treated like a secured real estate loan and follows regulations by a commissioner.
A commercial bank may lend on the security of a first security interest on stock or a membership certificate issued to a tenant-stockholder or resident-member by a completed fee simple cooperative housing corporation, as defined in Section 216 of the U.S. Internal Revenue Code, and the assignment by way of security of the borrower’s interest in the proprietary lease or right of tenancy in property issued by such cooperative housing corporation, provided all of the real property owned by such corporation is located within the state, and further provided, that:
(a)CA Financial Code § 1494(a) The term of the loan does not exceed 30 years, is repayable in substantially equal installments (or such variation therefrom as may be authorized under a loan executed pursuant to Section 1916.5 or 1916.8 of the Civil Code), not less often than monthly, with payments commencing not later than 60 days from the date of the loan, and the amount does not exceed 80 percent of the sound market value of such certificates of stock or membership certificates; and
(b)CA Financial Code § 1494(b) The proprietary lease or right of tenancy in the property provides:
(1)CA Financial Code § 1494(b)(1) That no sublease in excess of one year, amendment or modification to such proprietary lease or right of tenancy in the property shall be permitted or created without the lender’s prior written consent, and
(2)CA Financial Code § 1494(b)(2) That in the event of the borrower’s default under such loan, the lender shall have the right, without the prior consent or approval of the cooperative housing corporation, to sell such shares or membership certificates at public or private sale following at least 30 days prior written notice to the borrower and to the cooperative housing corporation, at the address of the premises subject to the proprietary lease or right of tenancy in the property, and assign such proprietary lease or right of tenancy in the property to the purchaser who shall agree as a condition of such assignment to cure any defaults thereunder.
For all purposes of this division, such loan shall be considered a secured residential real estate loan and shall be subject to rules and regulations implementing the provisions of this section issued by the commissioner.

Section § 1495

Explanation

This California law allows commercial banks to provide loans for energy-saving upgrades in homes with up to four units. The loan must be used to buy and install equipment that conserves energy, and it must be linked to another loan under a different section, capped at 10% of that loan's amount. Banks can also issue additional loans to those who've already borrowed for such improvements, as long as the total borrowings don't exceed the property's value limit set by a related law.

(a)CA Financial Code § 1495(a) A commercial bank may make amortized loans upon the security of residential real property to finance the purchase and installation of material or equipment designed to promote energy conservation or the efficient use of energy in the residential real property securing the loan, if all of the following apply:
(1)CA Financial Code § 1495(a)(1) The residential real property securing the loan consists of not more than four dwelling units.
(2)CA Financial Code § 1495(a)(2) The loan is made in connection with a concurrent loan authorized under Section 1486.
(3)CA Financial Code § 1495(a)(3) The loan is in an amount not to exceed 10 percent of the loan made under the authority of Section 1486.
(b)CA Financial Code § 1495(b) A commercial bank may make additional advances, or additional loans, to an existing borrower in order to finance the purchase and installation of material and equipment designed to promote energy conservation or the efficient use of energy in the residential real property securing the loan, if all of the following apply:
(1)CA Financial Code § 1495(b)(1) The residential real property securing the loan consists of not more than four dwelling units.
(2)CA Financial Code § 1495(b)(2) The aggregate of the additional loan or advance and the unpaid balance of the existing loan will not exceed that percent of the appraised value of the residential real property securing the loan permitted by Section 1486 immediately after the purchase and installation of such material and equipment.

Section § 1496

Explanation

This law is about determining if a loan or investment is secured by a first lien on real property. It says certain types of liens or contracts do not count as prior claims if there's no overdue payment (except rent or royalties under a lease). These include tax liens, assessment liens, water supply contract liens, property leases with rent or royalties going to the owner, and liens related to irrigation projects, all under specific conditions. Basically, these don’t interfere with a loan being considered first in line as long as they meet certain criteria about overdue payments and real property value.

For the purpose of determining whether any loan or investment is secured by a first lien on real property as required by any provision of this division, none of the following shall be deemed a prior encumbrance unless any installment or payment thereunder, other than a rental or royalty under a lease, is due and delinquent:
(a)CA Financial Code § 1496(a) The lien of any tax, assessment, or bond levied or issued by any state or territory of the United States or by any district, political subdivision, or municipal corporation thereof, except the lien of an assessment levied against a particular parcel of real property and of any bond given or issued pursuant to law in lieu of the payment of the assessment.
(b)CA Financial Code § 1496(b) A lien created by a contract and given to secure the payment for water to be furnished under the contract for the irrigation of the real property or any part thereof.
(c)CA Financial Code § 1496(c) A lease of the real property under which all rents or royalties are reserved to the owner.
(d)CA Financial Code § 1496(d) The lien of a bond given or issued pursuant to law in lieu of the payment of an assessment levied against a particular parcel of real property and the lien of any assessment levied to pay that bond, if the unpaid balance of the bond and the amount of the loan or investment combined do not exceed the percentage of the sound market value of the real property permitted to be so loaned or invested by any provision of this division.
(e)CA Financial Code § 1496(e) A lien given to secure the payment of any assessment or subscription to meet the requirements of any law of the United States in respect to any irrigation project of the United States in any state or territory of the United States which may be levied, made, or received by any corporation or association formed to carry out the provisions of that law, if the unpaid balance of the assessment or subscription and the amount of the loan or investment combined do not exceed the percentage of the sound market value of the real property permitted to be so loaned or invested by any provision of this division.

Section § 1497

Explanation

This section says that if a bank makes a loan that goes over certain limits or rules set by this division, the loan itself isn't considered invalid or illegal just because of that. Similarly, if a bank receives a loan exceeding allowed amounts, it doesn't make the loan invalid or illegal for the lender.

No loan made by any bank in excess of any limitations contained in this division or which is made in violation of any of the provisions of this division shall be invalid or illegal as to the lender for that reason, nor shall any loan made to any bank in excess of the amounts permitted by this division be invalid or illegal as to the lender for that reason.

Section § 1498

Explanation

This law states that any state-chartered bank in California that provides consumer loans to certain eligible borrowers, as defined by federal regulations, must follow specific federal guidelines. These guidelines are detailed in Section 987 of Title 10 of the United States Code and related legal amendments.

If a state-chartered bank does not offer or advertise these loans to the defined eligible borrowers, they are not breaking the rules listed in the Military and Veterans Code.

(a)CA Financial Code § 1498(a) Any state-chartered bank that extends consumer credit to a covered borrower, as those terms are defined in Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as published on July 22, 2015, on page 43560 in Number 140 of Volume 80 of the Federal Register, shall comply with the applicable provisions of Section 987 of Title 10 of the United States Code, as amended by 126 Stat. 1785 (Public Law 112-239), and Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended on the date described above.
(b)CA Financial Code § 1498(b) A state-chartered bank that does not market or extend consumer credit to covered borrowers, as those terms are defined under Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended on the date described in subdivision (a), shall not be in violation of Section 394 of the Military and Veterans Code.