Restrictions and Prohibited PracticesGeneral Provisions
Section § 1320
This law outlines when a bank or trust company in California can buy, hold, lease, or acquire real estate. They can do so for their business needs like offices, storing records, or future business expansion. Banks can also acquire property if it helps settle debts or through foreclosure. Additionally, they can buy property to protect their financial interests. Moreover, banks can sell or lease their owned properties, and can exchange them with other properties if they get the commissioner's approval.
Section § 1321
This section states that banks or trust companies must sell real estate not permitted for specific purposes under Section 1320 as soon as it can cover any losses from related loans or investments. Additionally, banks can't use real estate acquired in this way to conduct unauthorized business except when needed to collect outstanding debts.
Section § 1322
The law outlines how commercial banks in California can get involved in real estate development to boost jobs and facilities. Banks may invest in real estate projects directly or through partnerships and corporations, but the total investment cannot exceed certain limits, such as 10% of the bank’s assets without special approval. Banks need the commissioner's approval before starting these investments, based on the bank's financial health and the safety of the investment plan. Once approved, they can proceed unless the commissioner decides otherwise within 45 days.
Section § 1323
This law makes it a felony for any director, officer, or employee of a bank or foreign banking corporation to accept or agree to accept any personal benefit for helping someone get a loan, have a debt purchased, or overdraw an account at the bank.
In simple terms, bank employees can't take bribes or personal rewards for facilitating special financial favors.
Section § 1324
This law makes it a felony for anyone in a bank's leadership or staffing positions—like a director, officer, agent, or employee—to knowingly take the bank's property without proper justification and with intent to cheat or defraud. It also criminalizes failing to accurately record or intentionally leaving out important entries in the bank's records regarding such property transactions.
Section § 1325
This law states that if any director, officer, agent, or employee of a bank knowingly agrees to make or publish false statements about the bank's financial status, or if they refuse to make required entries in the bank's books, or prevent inspectors from reviewing these books, they are committing a felony offense.
Section § 1326
This law says that if a bank wants to publish its financial information, like what it owns (resources) and what it owes (liabilities), it can't mix this information together with another bank's data. Each bank has to show its financial details separately.
Section § 1327
This law makes it illegal for someone to intentionally spread false rumors or statements that harm the financial reputation or stability of a bank in California. If someone does this, they can be charged with a misdemeanor, which could result in a fine up to $1,000, a year in jail, or both. It also notes an exception, stating that a different law section (Section 329) does not apply here.
Section § 1328
This law allows banks and trust companies to rent safe deposit boxes and store personal property on their premises. When a customer enters into a rental or storage agreement, they must receive a copy right away if signed on-site, or within 10 days if signed elsewhere. The contract should have no blank spaces left to be filled after signing. A copy can be given to one customer if multiple individuals signed and live at the same address, while others must get their copy as well. If the bank doesn't comply, it's liable for any real damages the customer experiences. Customers can pursue other legal remedies in addition to this one.
Section § 1329
This law states that a bank cannot buy any property or any interest in a property if any director, officer, or controlling person of the bank is personally or financially involved without prior approval from the bank's board of directors. The purchase must also not exceed the property's current market value. 'Controlling person' is defined further in another section of the legal code.
Section § 1330
This law states that if you are involved with a bank—specifically referred to as a "subject person"—you cannot buy the bank’s assets or financial duties without first getting the bank’s board of directors' approval. Plus, you can’t pay less than what these assets are worth on the market. If you break this rule, you'll owe the state twice the value of what you improperly purchased.
Section § 1331
This section prohibits banks from acquiring, holding, or extending credit for their own securities or those of a controlling person. If a bank violates these rules, it faces heavy financial penalties, equating to twice the highest value of the securities or credit involved.
There are exceptions, like when actions are needed to prevent losses on past debts or when approved by a commissioner. Certain transactions necessary for loss prevention or securities redemption are also exempted.
Section § 1332
If someone working for a bank, like an officer or employee, takes or misuses the bank's money, property, or credit, they're committing a serious crime called a felony. If they're found guilty, they must pay back the bank. This rule doesn't change any other laws about punishment for this crime.
Section § 1333
This law says that any bank director in California is committing a misdemeanor if they partake in fraudulent actions leading to the bank's insolvency or if they knowingly break the law or neglect their legal duties as directors.
If a bank goes bankrupt, it's considered fraudulent unless an investigation shows the bank was managed responsibly and within the law.
Section § 1334
This law makes it a misdemeanor for any bank officer or agent in California to guarantee or endorse commitments on behalf of the bank that exceed the bank's legal lending limits. This means they can't put the bank at risk for more loans or obligations than it's allowed by law to handle.
Section § 1335
This law states that if a bank director in California agrees to a decision that allows a loan or discount exceeding legal limits to be given to another director of the bank, or on a document a director is responsible for, they can be charged with a misdemeanor.
Section § 1336
This law says that if a director, trustee, officer, or employee of a state-organized bank deposits the bank’s money with another company with the agreement, either stated or implied, that the receiving company will then lend money to any director, trustee, officer, or employee of the bank, it is considered a felony.
Section § 1337
This law makes it a misdemeanor for any bank officer or employee to hide financial activities, like loans or purchases, from the bank's board of directors between their regular meetings. It also requires that these activities be reported to the board if the law demands it. Failing to do so on purpose is considered a criminal offense.
Section § 1338
If you're an employee at a bank, such as an officer, teller, or clerk, or if you're working for an individual banker, you're breaking the law if you accept deposits when you know the bank or banker is unable to pay their debts. Doing this is considered a misdemeanor, which is a type of crime.
Section § 1339
This law states that if any bank officer, director, trustee, employee, or agent deliberately makes a false entry, omits necessary information, or alters or destroys records with the intention of deceiving people examining the bank's condition or affairs, they are committing a felony. These actions are illegal if they're intended to mislead anyone responsible for reviewing the bank's transactions or condition, whether they are internal, external, or governmental examiners.
Section § 1340
This law states that a bank cannot take on the role or responsibilities of a general partner unless it has legal approval or permission from the commissioner. A 'general partner' is defined as per another section of the Corporations Code.
Section § 1341
This regulation states that if a bank or its agent has been notified under a specific business rule (Section 7507.6), they must inform the person they're assigning to find or repossess a vehicle of the notice's details. This needs to happen at the same time and in the same way as the assignment itself. 'Assignment' here refers to a specific definition in the business rules.