Section § 1630

Explanation

Banks that offer safe-deposit boxes have certain special legal options to use if they need to enforce the responsibilities of people renting those boxes or using the bank for safekeeping and storage.

Every bank conducting a safe-deposit business shall be entitled to the special remedies set forth in this article in enforcing the liabilities of safe-deposit box renters and of safekeeping and storage depositors.

Section § 1631

Explanation

If you rent a safe-deposit box from a bank and don't pay the fee within six months of when it's due, the bank can send you a notice. This notice will explain that if you don't pay by a certain date—at least 30 days after they send the notice—they will forcibly open the box.

If the rental of any safe-deposit box is not paid within six months from the day it is due, the bank, or at any time thereafter and while such rental remains unpaid, may mail a notice to the person in whose name such box stands on its records stating that if the amount due for such rental is not paid on or before a specified day, which must be at least 30 days after the date of mailing such notice, the bank will cause such box to be forced open.

Section § 1632

Explanation

If you haven't paid the rent for your safe-deposit box and the cost of the notice by the specified date, the bank can open the box. This has to be done in front of two bank employees, including one officer, and they'll remove and list everything inside. The items will be documented with their signatures.

At any time after the date specified in such notice, if the rental for such safe-deposit box to the date of payment and the cost of giving such notice have not been paid, the bank, in the presence of two of its employees, one of whom shall be an officer of the bank, may cause such box to be opened and the contents thereof to be removed and inventoried. The inventory shall be signed by such persons.

Section § 1633

Explanation

This law specifies who can receive a copy of an inventory from a bank related to a decedent's estate. The eligible people are the executor of the will, the estate administrator, their attorney, a safe-deposit box tenant, any heir or will beneficiary, and anyone whom the court orders should have it.

The following persons, and no others, are entitled to receive from the bank a copy of the inventory:
(a)CA Financial Code § 1633(a) An executor of the decedent’s will.
(b)CA Financial Code § 1633(b) The administrator of the decedent’s estate.
(c)CA Financial Code § 1633(c) The attorney for the executor or administrator.
(d)CA Financial Code § 1633(d) A tenant of the safe-deposit box.
(e)CA Financial Code § 1633(e) Any heir of the decedent or beneficiary under the decedent’s will.
(f)CA Financial Code § 1633(f) Any person whom the superior court having jurisdiction by order directs should be allowed to obtain a copy of the inventory.

Section § 1634

Explanation

This law requires a bank to keep the contents removed from a safe-deposit box for at least two years, unless the person who rented the box requests them earlier. The bank must return these contents to the renter after they pay any outstanding fees, such as rental, notification, box opening, and storage charges. Even if the contents suggest they belong to someone else, the bank can still give them back to the renter.

All contents removed from a safe-deposit box pursuant to Section 1632 shall be retained by the bank for at least two years unless sooner delivered to or on the order of the person in whose name such box stood on the records of the bank. The bank shall deliver the contents of such box to or on the order of the person in whose name such box stood on its records, upon payment to it before such contents are sold or destroyed, of all rental due at the time of opening the box, the cost of giving notice, the charges for opening the box and for custody of the contents, and any other proper charges. The bank may deliver such contents on the order of the person in whose name such box stood on its records, irrespective of any information disclosed by the contents indicating ownership thereof by any other person.

Section § 1635

Explanation

After a safe-deposit box has been open for two years, a bank can send a notice to the owner warning them if they don't pay overdue fees and costs, the bank will auction off the contents. This sale can't happen until at least 30 days after the notice is sent. The bank must advertise the auction in a local newspaper at least five days before the sale, or post notices if no newspaper is available. The notice just needs to generally describe the items as contents of a safe-deposit box. The bank can postpone the sale if necessary, as long as the new date and time are announced publicly at the sale's location.

At any time after two years from the day when a safe-deposit box has been opened pursuant to this article, the bank may mail a notice to the person in whose name such box stood on its records, stating that unless the amounts due to the bank for rental, for the cost of mailing and publishing notice of sale, and for its charges for opening the box and for custody of its contents, and any other proper charges, giving the total amount thereof, are paid, the bank will offer for sale the contents thereof at a time and place named in such notice, which time shall be at least 30 days after the mailing thereof. If the amounts specified in such notice are not paid before the time of sale designated therein, the bank may sell all or any portion of the contents of such box, other than contents of the character described in Section 1668 and other than bonds and other securities which at the time of sale are listed on an established stock exchange in the United States, at public sale at the time and place given in such notice. Notice of the time and place of sale shall be published in a newspaper of general circulation in the county in which the sale is to be held once at least five days before the date of sale, or if no such newspaper is published in the county such notice shall be posted in three public places in the county at least five days before the date of sale. Such notice need describe the property only in general terms and as the unclaimed contents of a safe-deposit box. Such sale may be postponed from time to time by public pronouncement at the time and place of sale.

Section § 1636

Explanation

This section says that if stocks, bonds, or other securities are already listed on a U.S. stock exchange, they can't be sold in a public sale as outlined in the previous section. Instead, they should be sold directly through the stock exchange for those types of trades.

Notwithstanding any of the provisions of this article, no stocks, bonds, or other securities which, at the time of sale pursuant to Section 1635, are listed on any established stock exchange in the United States may be sold at public sale but may be sold at any time thereafter through an established stock exchange.

Section § 1637

Explanation

When a bank sells securities, an officer must attach an affidavit to those securities confirming the sale followed the rules outlined in this article. This affidavit gives the necessary authority to cancel old stock certificates and issue new ones to the buyer. It also allows for the registration of bonds or other securities in the new owner's name.

Upon the making of a sale of any securities, an officer of the bank shall execute and attach to the securities so sold an affidavit reciting facts showing that such securities were sold pursuant to this article and that the provisions of this article governing such sale have been complied with. The affidavit shall be and constitute sufficient authority to any corporation whose stock is so sold or to any registrar or transfer agent of such corporation to cancel the certificates of stock so sold and to issue a new certificate or certificates representing such stock to the purchaser thereof, and to any registrar, trustee, or transfer agent of registered bonds or other securities, to register any such bonds or other securities in the name of the purchaser thereof.

Section § 1638

Explanation

When a bank sells items from a rented safe-deposit box, it first takes out any money owed and additional fees mentioned in a notice they sent earlier. Whatever money is left over is recorded as an amount the bank owes to the person who rented the safe-deposit box.

From the proceeds of any sale the bank shall deduct the amount set forth in such notice and any further charges which may have accrued since the mailing of the notice and shall record the balance of the proceeds, if any, on its books as a liability payable to the person in whose name the safe-deposit box was rented.

Section § 1639

Explanation

If a safe-deposit box is opened and its contents are judged by at least two bank officers to be worthless, they don't have to be put up for sale. Items not sold after being offered must be kept by the bank for at least a year before they can be destroyed. Before destroying any unsold items, the bank must notify the box owner 30 days in advance if no sale notice was given previously. Disposals should occur in the presence of a bank officer.

Any documents, letters, or other articles found in a safe-deposit box opened pursuant to Section 1632, which in the judgment of at least two officers of the bank have no intrinsic or marketable value, need not be offered for sale. Any documents, letters, and articles and any other contents which have been offered for sale and for which no purchaser has been found, shall be retained by the bank for not less than one year from the date when the box was opened. At any time thereafter, unless sooner delivered to or on the order of the person in whose name the box stood on the records of the bank, the documents, letters, and articles and also those contents which have been offered for sale and for which no purchaser has been found, may be destroyed in the presence of an officer of the bank, but if no notice of intended sale of the contents of the box has been given pursuant to Section 1635, the bank shall mail a notice of its intention to destroy the documents, letters, and articles at least 30 days before the destruction of the same to the person in whose name the box stood on the records of the bank.

Section § 1640

Explanation

This law states that if a bank opened a safe-deposit box due to unpaid rent before this section took effect and the contents are still with the bank, the bank can use certain legal actions to get back what the former renter owes. This applies even if the box was rented before October 1, 1949.

If, before the effective date of this section, a bank or its predecessor in interest, has caused a safe-deposit box to be opened for nonpayment of rental, and the contents of such box or any part thereof remain in its custody, it shall be entitled to the special remedies in enforcing the liability of the former renter of such box as set forth in Sections 1634 to 1639, inclusive, whether or not such box was rented prior to October 1, 1949.

Section § 1641

Explanation

When a bank takes care of someone's personal items for safekeeping and gives them a receipt, it acts like a storage facility and can use the rules of the Uniform Commercial Code to claim a lien. Alternatively, the bank can follow another specific legal process described in Sections 1671 to 1673 to enforce this lien.

Whenever a bank receives personal property for safekeeping or storage as bailee and issues a receipt therefor, the bank may enforce its lien as warehouseman in accordance with the provisions of the Uniform Commercial Code or at its option in the manner provided in Sections 1671 to 1673, inclusive, of this article.

Section § 1642

Explanation

If you owe a bank money for safekeeping or storing your personal property and don’t pay within six months, the bank can notify you that they plan to sell your property after 30 days. If you don’t pay by then, the bank can sell your items in a public sale. They must publicize the sale details in advance. If the payment isn't made 10 days before the sale, the bank can open any containers your items are in, inventory the contents, and sell both the contents and containers any way they choose.

If the amount charged by a bank for the safekeeping or storage of personal property is not paid within six months from the day it is due, the bank, at any time thereafter and while such charges remain unpaid, may mail a notice to the person in whose name the receipt was issued, giving the amount then due for such safekeeping or storage and stating that unless such amount and any other charges accruing to the date of payment are paid, the bank will sell such personal property at a time and place named therein, which time shall be at least 30 days after the mailing of such notice. If the amount specified in such notice and all other charges of the bank and expenses of mailing and publishing notice of sale accruing to time of payment are not paid, the bank may sell all or any portion of such personal property at public sale at the time and place given in such notice. Notice of the time and place of sale shall be published once at least five days before the date of sale in a newspaper of general circulation published in the county in which the sale is to be held, or if no such newspaper is published in the county such notice shall be posted in three public places in the county at least five days before the date of sale. Such sale may be postponed from time to time by public pronouncement at the time and place of sale. The bank may include in the notice required to be mailed a statement to the effect that if the amount due at that time is not paid at least 10 days before the date set for the sale, it may cause any container in which any of such personal property may be, to be opened and the contents thereof to be sold at the time and place fixed for the sale with or without such container, or the container may be sold without the contents. If such statement is included in the notice, the bank, at any time within 10 days before the date fixed for the sale, may open any such container and remove the contents in the presence of two employees of the bank, one of whom shall be an officer thereof, both of whom shall make and sign an inventory of the contents. Thereafter, on the day fixed for the sale, the contents may be sold as a whole or separately and with or without the container, or the container may be sold without the contents.

Section § 1643

Explanation

When a bank sells personal property, it first takes out any costs mentioned in the final notice along with any new charges. It also deducts costs related to notices, advertising, and the sale process. Anything left over is credited to an account for the original receipt holder of the property.

From the proceeds of the sale, the bank shall deduct all charges as stated in the final notice, together with any further charges that have accrued since the mailing thereof, and reasonable expenses for notices, advertising, and sale, and shall credit the balance of the proceeds, if any, to an account in the name of the person in whose name the receipt for such personal property was issued.

Section § 1644

Explanation

This section states that if a bank officer determines certain documents or items have no obvious value, they don't need to be put up for sale. Items not sold must be kept by the bank for at least a year after a sale notice was sent. If no one claims them after a year, the bank can destroy them, but only when a bank officer and a notary public are present.

Any documents, letters, or other articles which, in the judgment of an officer of the bank, have no apparent intrinsic or marketable value, need not be offered for sale. The documents, letters, and articles and any other articles which have been offered for sale and for which no purchaser has been found, shall be retained by the bank for not less than one year from the date when notice of sale was mailed. At any time thereafter, unless sooner delivered to or on the order of the person in whose name the receipt was issued, the documents, letters and articles may be destroyed in the presence of an officer of the bank and of a notary public.

Section § 1645

Explanation

This law allows banks to sell the contents of a safe-deposit box or personal property stored with them if the owner doesn't pay the fees. The bank has the right to sell bonds, stocks, promissory notes, or any other possessions, whether the owner can prove they own them or not.

The power conferred on a bank to sell the contents of a safe-deposit box or personal property received for safekeeping or storage for nonpayment of rental or other charges, includes power to sell any bonds, stock certificates, promissory notes, choses in action, or other securities, and any other tangible or intangible property found in such box or in the container in which such personal property was received for safekeeping or storage, regardless of whether it appears from such securities or property that the person in whose name the box stood or to whom the safekeeping or storage receipt was issued, possesses title to any interest in such securities or other property or power to transfer such title or interest.

Section § 1646

Explanation

This law explains that if a bank takes over a safe-deposit box or property from another bank, it gains the same rights and remedies as if the original rental or storage agreement was made with them directly. Essentially, the new bank can take the same actions regarding the safe-deposit box or stored items as the original bank could have.

A bank holding a safe-deposit box originally rented from, or personal property against which a safekeeping or storage receipt was issued by, a predecessor in interest, or a bank holding the contents of such box, shall be entitled to the remedies as to such box or the contents thereof or as to the safekeeping or storage of such property in like manner and to the same extent as if such box had been rented from or such safekeeping or storage of personal property had been received by such bank in the first instance.

Section § 1647

Explanation

This law states that banks have the right to pursue any existing legal actions to collect debts related to safe-deposit boxes. They can choose to recover the full amount owed to them without needing to sell any stored items, or they can recover the remaining debt after some of it has been paid through the sale of those items.

The provisions of this article do not preclude any other remedy by action or otherwise now or hereafter existing for the enforcement of the claims of a bank against the person in whose name the safe-deposit box stood or stands, or in whose name the safekeeping or storage receipt was issued, nor bar the right of a bank to so recover, at its option, either the entire amount of the debt due to it without recourse to sale of the property, if any, or so much of the debt due to it as shall not have been paid by the proceeds of the sale of all or any portion of the property deposited with it.

Section § 1648

Explanation

This law says that if a bank has possession of securities (like stocks or bonds) because of this article, and if any money (principal, interest, or dividends) from these securities is due, the bank can collect it. The bank can then take any amount owed to them by the person who rented the safe-deposit box or had a safekeeping receipt. Whatever is left after deducting what’s owed is credited to the person’s account.

If the principal of, or interest or dividends on, any securities that have come into the possession of any bank by reason of action taken pursuant to this article, is due and payable at the time such securities come into the bank’s possession, or thereafter while such securities remain in the possession of the bank, shall become due and payable, the bank at its election may collect such principal, interest, or dividends and from the proceeds thereof may deduct all sums then due to it from the person to whom such safe-deposit box was rented or to whom such safekeeping or storage receipt was issued. The remainder of the money so collected, if any, shall be credited by the bank to the account of the delinquent boxholder or of the person in whose name the safekeeping or storage receipt was issued.

Section § 1649

Explanation

This section outlines how banks should handle notifications related to safe-deposit boxes or storage receipts when they are in multiple names or when a person has passed away. If notice needs to be sent, it can be sent to any one of the individuals or their legal representatives, and that will count as notifying all involved parties. When notices need to be published before a sale, the publication must include the name and address of the person whose box is on record. When an account credit is required, it must be done in all listed names, but can be accessed by any one of them or their representatives. Lastly, a notice is considered mailed if it is sent in a sealed, postage-paid envelope using at least first-class mail to the address on record for the person associated with the safe-deposit box or receipt.

(a)CA Financial Code § 1649(a) Whenever this article requires that notice be sent to a person, and the box stood or stands on the records of the bank or the safekeeping or storage receipt was issued in the names of two or more persons, notice addressed to either or to any one of the two or more persons shall be binding upon and effective as to the remaining person or all remaining persons, and notice addressed to the name of any deceased individual shall be binding upon his or her legal representatives and on his or her heirs and legatees.
(b)CA Financial Code § 1649(b) Whenever this article requires that notice be published prior to a sale, the notice shall include the name and address of the person in whose name the safe-deposit box stood on the records of the bank or the safekeeping or storage receipt was issued. The names and addresses of all persons whose property is to be sold at the same time and place may be included in a single published notice.
(c)CA Financial Code § 1649(c) Whenever this article requires that an amount be credited to the account of a person in whose name a safe-deposit box stood on the records of the bank or a safekeeping or storage receipt was issued, and the box stood or the receipt was issued in two or more names, the account shall be in both or all the names, subject to withdrawal by or upon the written order of any one or more of those persons, or by their successors or legal representatives.
(d)CA Financial Code § 1649(d) Whenever this article requires that a notice shall be mailed to the person in whose name the safe-deposit box stood on the records of the bank or a safekeeping or storage receipt was issued, the notice shall be deemed to have been so mailed if it is enclosed in a sealed envelope addressed to the person in whose name the safe-deposit box stood in the office of the bank at which the records of the safe-deposit box rentals are kept, or to the person in whose name the receipt was issued, as the case may be, addressed to the person at the address or place appearing on the safe-deposit or storage records of the office, and the envelope with postage prepaid has been deposited by at least first-class mail in the United States mail.

Section § 1650

Explanation

This law states that when you pay or deduct fees for a safe-deposit box or similar services, you must also include any applicable taxes required by law.

Whenever an amount of safe-deposit rental, custody, safekeeping, or other charge is to be paid or deducted pursuant to this article, there shall be added to and paid or deducted with said amount, the amount of any tax imposed by laws and regulations.

Section § 1651

Explanation

Banks or trust companies can hold U.S. Government bonds for customers safely, and must provide a receipt and maintain records of these deposits. If the depositor wants their bonds back, the bank can either return the same bonds or equivalent ones of the same type and value.

Any bank or trust company may receive bonds issued by the United States Government for safekeeping, collection, or storage, and shall receipt therefor to the depositor and shall maintain adequate records of all transactions therewith. In every case of such deposit the depositary bank shall have the right to return to the depositor either the identical bonds deposited by him or other bonds of the same issue, par value, and character.