Loans and InvestmentsLoan Limits
Section § 1480
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.
Section § 1481
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.
Section § 1482
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.
Section § 1483
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.
Section § 1484
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.
Section § 1485
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.
Section § 1486
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.
Section § 1487
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.
Section § 1488
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.
Section § 1489
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.
Section § 1490
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.
Section § 1491
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.
Section § 1492
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.
Section § 1493
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.
Section § 1494
Section § 1495
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.
Section § 1496
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.
Section § 1497
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.
Section § 1498
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.