Section § 99

Explanation

This section states that several divisions, beginning with specific section numbers, are collectively referred to as the 'Financial Institutions Law.' This acts as a reference name for these divisions.

This division, Division 1.1 (commencing with Section 1000), Division 1.2 (commencing with Section 2000), Division 1.6 (commencing with Section 4800), Division 2 (commencing with Section 5000), Division 5 (commencing with Section 14000), Division 7 (commencing with Section 18000), and Division 15 (commencing with Section 31000) shall be known, and may be cited, as the “Financial Institutions Law.”

Section § 101

Explanation

This law says that if a part of California's Financial Institutions Law conflicts with federal law, it won't be applied or enforced.

If and to the extent that any provision of the Financial Institutions Law is preempted by federal law, the provision does not apply and shall not be enforced.

Section § 103

Explanation

This law defines the term 'bank' as any incorporated institution set up to conduct commercial banking, industrial banking, or trust business. Essentially, it explains what kinds of banking businesses qualify as a 'bank' under the Financial Institutions Law.

The word “bank” as used in the Financial Institutions Law means any incorporated banking institution that shall have been incorporated to engage in commercial banking business, industrial banking, or trust business.

Section § 105

Explanation

This law divides banks into three main types: commercial banks, industrial banks, and trust companies.

Banks are divided into the following classes:
(a)CA Financial Code § 105(a) Commercial banks.
(b)CA Financial Code § 105(b) Industrial banks.
(c)CA Financial Code § 105(c) Trust companies.

Section § 107

Explanation

This law defines a 'commercial bank' as a corporation set up specifically to conduct commercial banking activities.

“Commercial bank” means a corporation organized for the purpose of engaging in the commercial banking business.

Section § 109

Explanation
This law defines what it means to run a commercial banking business. It involves taking deposits of money, like when you open a checking or savings account, but it doesn't include money held in escrow or by an agent for real estate or securities. It also covers lending money, dealing with commercial paper like bills and notes, and trading securities, bullion, and foreign currency for customers or for the bank's own investments.
“Commercial banking business” includes, but is not limited to, the business of soliciting, receiving, or accepting of money or its equivalent on deposit as a regular business whether the deposit is made subject to check or is evidenced by a certificate of deposit, a passbook, a note, a receipt, or other writing, provided that nothing herein shall apply to or include money or its equivalent left in escrow, or left with an agent pending investment in real estate or securities for, or on account of, his or her principal. In addition, “commercial banking business” means to lend money on the security of real or personal property or without security; to discount or deal in bills, notes, or other commercial paper; to buy and sell for the account of customers, and, if eligible for investment, for its own account, securities, gold and silver bullion, foreign coins, and bills of exchange; and generally to transact a commercial banking business.

Section § 111

Explanation

An industrial bank is a type of corporation that's set up specifically to conduct industrial banking activities. This means its primary business is to offer financial services that are typically associated with industrial development and commerce.

“Industrial bank” means a corporation organized for the purpose of engaging in the industrial banking business.

Section § 113

Explanation

This law defines "industrial banking business" as the activities of providing loans and accepting deposits. It specifies that deposits can be in forms like investment or thrift certificates, but not demand deposits, which are the type where you can withdraw immediately without notice.

“Industrial banking business” includes the making of loans and acceptance of deposits, including deposits evidenced by investment or thrift certificates, but excluding demand deposits.

Section § 115

Explanation

This law defines what 'trust business' means. It covers activities like managing estates when someone passes away, looking after people’s financial matters if they're unable to, or serving as a trustee. These roles can be assigned by a court or be part of a legal requirement in any state or the United States.

“Trust business” means the business of acting as executor, administrator, guardian or conservator of estates, assignee, receiver, depositary or trustee under the appointment of any court, or by authority of any law of this or any other state or of the United States, or as trustee for any purpose permitted by law.

Section § 117

Explanation

A 'trust company' is defined as a corporation or a bank, whether industrial or commercial, that has permission to operate in the trust business.

“Trust company” means a corporation, industrial bank, or a commercial bank that is authorized to engage in the trust business.

Section § 119

Explanation

This law defines what is considered a 'bank' in California. It includes public banks, commercial banks, industrial banks, and trust companies. However, it specifically excludes savings associations and credit unions from being classified as banks under this definition.

“Bank” or “banks” includes a public bank, as defined in Section 57600 of the Government Code, commercial banks, industrial banks, and trust companies unless the context otherwise requires. However, “bank” does not include a savings association or a credit union.

Section § 121

Explanation

This section explains the definitions related to different types of offices for a licensed business. An 'office' can be the main office, a branch, or any other approved business location. The 'head office' is specifically the main business location of the licensee.

(a)CA Financial Code § 121(a) “Office” includes head office, branch office, and any other authorized place of business of a licensee.
(b)CA Financial Code § 121(b) “Head office” means the principal place of business of a licensee.

Section § 123

Explanation

This law section clarifies that the terms 'real property' and 'personal property' should be interpreted according to definitions found in another part of the Civil Code, specifically starting from Section 654. Essentially, it tells you where to look for the specific meanings of these terms.

“Real property” and “personal property” have the meanings defined in and shall be construed in accordance with Title 1 (commencing with Section 654) of Part 1 of Division 2 of the Civil Code.

Section § 125

Explanation
This law defines two terms: 'Commissioner' refers to the leader of the Financial Protection and Innovation agency, and 'department' refers to the agency itself, the Department of Financial Protection and Innovation.
“Commissioner” means the Commissioner of Financial Protection and Innovation and “department” means the Department of Financial Protection and Innovation.

Section § 127

Explanation

This law defines the term 'person' to include a wide variety of entities. These range from individuals to complex organizations like corporations, partnerships, and even government bodies. Basically, it's an inclusive definition covering most kinds of legal entities.

“Person” means an individual, sole proprietorship, partnership, joint venture, association, trust, estate, business trust, corporation, joint stock company, limited liability company, unincorporated association, sovereign government or agency, instrumentality, or political subdivision thereof, or any similar entity or organization.

Section § 129

Explanation

This law section states that the definitions provided in the chapter are used to interpret the Financial Institutions Law, unless there's a specific provision or context that says otherwise.

Unless the provision or the context otherwise requires, the definitions set forth in this chapter govern the construction of the Financial Institutions Law.

Section § 131

Explanation

This section essentially says that when it comes to voting shares, you should look at Section 111 of the Corporations Code for guidance.

References in this division to the voting of shares shall be construed in accordance with Section 111 of the Corporations Code.

Section § 133

Explanation

This law explains that if a bank's rules allow shares to have different voting weights on any issue, then references to a majority or specific proportion in certain sections refer to the total votes allowed, not just the number of shares. If some shares are not allowed to vote on an issue, those shares are not counted when deciding if there are enough shares present to hold a meeting (a quorum) or to approve a decision.

If the articles of a bank provide for more or less than one vote for any share on any matter, the references in Sections 139 and 141 to a majority or other proportion of shares means, as to such matter, a majority or other proportion of the votes entitled to be cast. Whenever, under Division 1 (commencing with Section 100), Title 1 of the Corporations Code, this division, or Division 1.1 (commencing with Section 1000), shares are disqualified from voting on any matter, they shall not be considered outstanding for the determination of a quorum at any meeting to act upon, or the required vote to approve action upon, such matter under any provision of Division 1 (commencing with Section 100), Title 1 of the Corporations Code, of this division, Division 1.1 (commencing with Section 1000), or of the articles or bylaws.

Section § 135

Explanation

This law states that whenever the division mentions a requirement for a vote of each class of outstanding shares, you should understand it according to the rules set in Section 117 of the Corporations Code.

Any requirement in this division for a vote of each class of outstanding shares shall be construed in accordance with Section 117 of the Corporations Code.

Section § 137

Explanation

When the term "approved by the board" is used, it means that a decision has been approved or confirmed by either the board's vote or a committee that has the board's authority. However, this doesn't include issues that the committee can't decide on by law, or those that need shareholder approval as well.

“Approved by (or approval of) the board” means approved or ratified by the vote of the board or by the vote of a committee authorized to exercise the powers of the board, except as to any matter not within the competence of the committee under Section 311 of the Corporations Code or any matter for which this division also requires approval of the shareholders or approval of the outstanding shares.

Section § 139

Explanation

This section explains what it means for shareholders to approve something. Basically, approval by the outstanding shares involves getting a majority vote from shareholders of each class or series allowed to vote.

If rules set out by company articles or related laws require more than just a majority, then that higher number of votes is needed for approval.

“Approved by (or approval of) the outstanding shares” has the meaning set forth in Section 152 of the Corporations Code and shall include approval by the affirmative vote of a majority of the outstanding shares of each class or series entitled, by any provision of the articles, of this division, or of Division 1 (commencing with Section 100), Title 1 of the Corporations Code, to vote as a class or series on the subject matter being voted upon, and shall also include approval by the affirmative vote of such greater proportion (including all) of the outstanding shares of any class or series if such greater proportion is required by the articles, by this division, or by Division 1 (commencing with Section 100), Title 1 of the Corporations Code.

Section § 141

Explanation

In this law, 'approved by the shareholders' means getting a sufficient number of votes or written agreement from shareholders to make a decision. The exact number of votes needed can be more than a simple majority and is determined by specific rules found in other related sections or company documents.

“Approved by (or approval of) the shareholders” has the meaning set forth in Section 153 of the Corporations Code and shall include approval or ratification by the affirmative vote or written consent of such proportion (including all) greater than a majority of the shares of any class or series as may be provided in the articles, in this division, or in Division 1 (commencing with Section 100), Title 1 of the Corporations Code for all or any specified shareholder action.

Section § 143

Explanation

This law section states that the term “Articles” refers to its definition provided in Section 154 of the Corporations Code. To understand what constitutes 'Articles,' one must look at that specific section of the Corporations Code for details.

“Articles” has the meaning set forth in Section 154 of the Corporations Code.

Section § 145

Explanation

This section simply states that the term 'Board' is defined in another part of the law, specifically in Section 155 of the Corporations Code. To understand what 'Board' means, you would need to look at Section 155.

“Board” has the meaning set forth in Section 155 of the Corporations Code.

Section § 147

Explanation

This section defines what 'California' means in different contexts. For a state bank, it refers to a bank organized under California's laws. For a national bank, it's a bank with its main office in California. When talking about a bank's office, it means an office located in California. For other corporations, it means those organized under California law.

“California” means:
(a)CA Financial Code § 147(a) When used with respect to a bank, in the case of a state bank, a bank that is organized under the laws of this state and, in the case of a national bank, a national bank that maintains its main office in this state.
(b)CA Financial Code § 147(b) When used with respect to an office of a bank, an office which is located in this state.
(c)CA Financial Code § 147(c) When used with respect to any corporation other than a bank, a corporation that is organized under the laws of this state.

Section § 149

Explanation

This section states that the term "CAMELS composite rating" is defined in a specific part of the Code of Federal Regulations. It refers to an established system of evaluating the overall health and stability of financial institutions.

“CAMELS composite rating” shall have the meaning set forth in Section 327.8(j) of Title 12 of the Code of Federal Regulations.

Section § 151

Explanation

A "certificate of correction" is an official document that you file with the Secretary of State to fix errors in a previously submitted document, according to Section 109 of the Corporations Code. However, you must be mindful of additional rules outlined in Section 1105.

“Certificate of correction” means a certificate executed and filed with the Secretary of State pursuant to Section 109 of the Corporations Code, subject, however, to the provisions of Section 1105.

Section § 153

Explanation

This section defines 'Certificate of determination' by referring to its meaning in Section 156 of the Corporations Code, but also notes that it's subject to the rules in Section 1104, which might modify how it's applied.

“Certificate of determination” has the meaning set forth in Section 156 of the Corporations Code, subject, however, to the provisions of Section 1104.

Section § 155

Explanation

A "certificate of revocation" is a formal document filed with the Secretary of State. It refers to the process described in Section 110 of the Corporations Code, but it is also affected by the rules in Section 1106.

“Certificate of revocation” means a certificate executed and filed with the Secretary of State pursuant to the second and third sentences of subdivision (c) of Section 110 of the Corporations Code, subject, however, to the provisions of Section 1106.

Section § 157

Explanation

This section says that the term 'common shares' is defined in another section, specifically Section 159 of the Corporations Code.

“Common shares” has the meaning set forth in Section 159 of the Corporations Code.

Section § 159

Explanation

This law section defines "confidential information" related to a licensee as any details contained in applications, reports prepared for or by the commissioner, and information received by the commissioner in confidence. It clarifies that such confidential information is owned by the commissioner.

(a)CA Financial Code § 159(a) “Confidential information” means any information regarding a licensee contained in, or related to, any of the following:
(1)CA Financial Code § 159(a)(1) Applications filed with the commissioner.
(2)CA Financial Code § 159(a)(2) Examination, operating, condition, or any other reports prepared by, on behalf of, or for the use of, the commissioner.
(3)CA Financial Code § 159(a)(3) Information received in confidence by the commissioner.
(b)CA Financial Code § 159(b) Confidential information is the property of the commissioner.

Section § 161

Explanation
This section explains what 'constituent corporation' means in two situations. In a merger, it has a specific definition according to Section 161 of the Corporations Code. In a consolidation, it refers to a corporation that combines with one or more other corporations.
“Constituent corporation,” when used with respect to a corporation:
(a)CA Financial Code § 161(a) In the case of a merger, has the meaning set forth in Section 161 of the Corporations Code.
(b)CA Financial Code § 161(b) In the case of a consolidation, means a corporation that is consolidated with one or more other corporations.

Section § 163

Explanation

This section describes 'contributed capital' as the total equity from shareholders, excluding retained earnings. Banks are allowed to move money from their retained earnings to their contributed capital when necessary, but must comply with any relevant laws, rules, and accounting standards when doing so.

“Contributed capital” means all of shareholders’ equity other than retained earnings. However, nothing in this section shall prohibit a bank from transferring amounts from time to time from its retained earnings to its contributed capital, subject to any applicable statutes, regulations, and generally accepted accounting principles.

Section § 165

Explanation

This section defines what a 'credit union' is. A credit union can either be a corporation set up under California law as described in Section 14002 or a similar corporation created under U.S. federal law or the laws of any other U.S. state.

“Credit union” means a corporation of the type described in Section 14002 organized under the laws of this state or a corporation of similar type organized under the laws of the United States or of any state of the United States other than this state.

Section § 167

Explanation

This section refers you to Section 164 of the Corporations Code to find the definition of 'Directors.'

“Directors” has the meaning set forth in Section 164 of the Corporations Code.

Section § 169

Explanation

The term "disappearing" in the context of corporations refers to a company that is part of a merger but does not continue to exist as the surviving entity after the merger.

“Disappearing,” when used with respect to a corporation, means a constituent corporation that is not the surviving corporation.

Section § 171

Explanation

In this law, "distribution to its shareholders" typically means what is defined in another section of the Corporations Code. However, within certain sections of the Code, this term does not cover situations where a bank or its majority-owned subsidiary buys shares to prevent losses from loans previously given in good faith. It does include distributions made by a bank or its majority-owned subsidiary to shareholders of a corporation where the bank is the majority owner.

“Distribution to its shareholders” has the meaning set forth in Section 166 of the Corporations Code. However, in Division 1 (commencing with Section 100), Title 1 of the Corporations Code, in this division, and in Division 1.1 (commencing with Section 1000), “distribution to its shareholders” does not include any purchase of shares by a bank or by a majority-owned subsidiary of a bank which is necessary to reduce or avoid loss to such bank or to such subsidiary on an extension of credit previously made in good faith. Also, in this division and in Division 1.1 (commencing with Section 1000), “distribution to its shareholders” includes any distribution made by a bank or by a majority-owned subsidiary of a bank to the shareholders of any corporation of which such bank is a majority-owned subsidiary.

Section § 173

Explanation

This section defines the term "foreign" as it applies to banks and other corporations, meaning it could refer to entities from another country or a different state. It also specifies that a "foreign banking corporation" is simply a foreign bank.

(a)CA Financial Code § 173(a) “Foreign,” when used with respect to a bank, an office of a bank, or any corporation other than a bank, means foreign (other nation) or foreign (other state).
(b)CA Financial Code § 173(b) “Foreign banking corporation” means a foreign bank.

Section § 175

Explanation

This law section defines what counts as a "foreign nation." It includes all countries other than the U.S. and mentions regions such as Puerto Rico, Guam, American Samoa, the Virgin Islands, and other U.S. territories and possessions.

“Foreign nation” means any nation other than the United States, including, without limitation, any subdivision, territory, trust territory, dependency, colony, or possession of any nation other than the United States. “Foreign nation” includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and any territory, trust territory, dependency, or insular possession of the United States.

Section § 177

Explanation

This law clarifies the definitions for certain terms related to banking. When this section mentions a "state of the United States," it includes all U.S. states and the District of Columbia, deviating from the usual definition in another section. The term "foreign" refers to banks or corporations that are not organized in the U.S. For banks, this means any bank operating outside the laws of U.S. states or whose main office isn't in a U.S. state. If referring to a bank's office, it indicates an office outside the U.S. For corporations other than banks, "foreign" means they are organized under non-U.S. laws.

(a)CA Financial Code § 177(a) The definition of “state of the United States” in Section 207 does not apply to this section. In this section, “state of the United States” means any state of the United States or the District of Columbia.
(b)CA Financial Code § 177(b) “Foreign (other nation)”:
(1)CA Financial Code § 177(b)(1) When used with respect to a bank, means any bank (including, without limitation, any commercial bank, merchant bank, or other institution that engages in banking activities that are usual in connection with the business of banking in the nation in which the institution is organized or operating) other than (A) a bank that is organized under the laws of a state of the United States or (B) a national bank that maintains its main office in a state of the United States.
(2)CA Financial Code § 177(b)(2) When used with respect to an office of a bank, means an office that is located in a place other than a state of the United States.
(3)CA Financial Code § 177(b)(3) When used with respect to any corporation other than a bank, means a corporation that is organized under the laws of a foreign nation.

Section § 179

Explanation

This section defines what is meant by 'foreign (other state)' in relation to banking and corporations. If it refers to a bank, it means a bank or savings bank created under the laws of another U.S. state, or a national bank headquartered elsewhere. For bank offices, it means an office situated in a different state. For corporations other than banks, it refers to those established under the laws of another U.S. state or the federal government.

“Foreign (other state)”:
(a)CA Financial Code § 179(a) When used with respect to a bank, means a bank that is organized under the laws of any state of the United States other than this state, or a national bank that maintains its main office in any state of the United States other than this state, and includes any savings bank, as defined in Section 3(g) of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(g)), that is organized under the laws of a state other than this state.
(b)CA Financial Code § 179(b) When used with respect to an office of a bank, means an office that is located in a state other than this state.
(c)CA Financial Code § 179(c) When used with respect to a corporation other than a bank, means a corporation that is organized under the laws of any state of the United States other than this state or under the laws of the United States.

Section § 181

Explanation

This law defines what 'insured' means in two contexts. For a bank or its office, it means that the bank's deposits are protected by the Federal Deposit Insurance Corporation (FDIC). Similarly, if talking about a deposit, it means that specific deposit is covered by the FDIC. In both cases, it refers to insurance under the Federal Deposit Insurance Act.

“Insured”:
(a)CA Financial Code § 181(a) When used with respect to a bank or an office of a bank, means a bank or office the deposits of which are insured by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act (12 U.S.C. Sec. 1811 et seq.).
(b)CA Financial Code § 181(b) When used with respect to a deposit, means a deposit that is insured by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act (12 U.S.C. Sec. 1811 et seq.).

Section § 183

Explanation

This law section defines what 'law of the domicile' means in different banking contexts. For a national bank, it refers to U.S. federal law. For a state bank, it refers to the laws of the state where the bank was established. For a foreign bank, it means the laws of the country where the bank was organized.

“Law of the domicile” means:
(a)CA Financial Code § 183(a) When used with respect to a national bank, the law of the United States.
(b)CA Financial Code § 183(b) When used with respect to a state bank, the law of the state of the United States under which the bank is organized.
(c)CA Financial Code § 183(c) When used with respect to a foreign (other nation) bank, the law of the foreign nation under which the bank is organized.

Section § 185

Explanation

This section defines who is considered a 'Licensee' in terms of financial business operations. It includes various types of financial entities such as banks, trust companies, and credit unions, whether they are domestic or foreign. The law outlines that these entities must be authorized by the commissioner to operate legally. The term also covers money transmitters, savings associations, and industrial loan companies.

“Licensee” has the following meanings:
(a)CA Financial Code § 185(a) Any bank authorized by the commissioner pursuant to Section 1042 to transact banking or trust business.
(b)CA Financial Code § 185(b) Any industrial bank authorized by the commissioner pursuant to Section 1042 to transact industrial banking business.
(c)CA Financial Code § 185(c) Any trust company authorized by the commissioner pursuant to Section 1042 to transact trust business.
(d)CA Financial Code § 185(d) Any foreign (other nation) bank that is licensed under Article 2 (commencing with Section 1780) of Chapter 20 or under Article 3 (commencing with Section 1800) of Chapter 20.
(e)CA Financial Code § 185(e) Any person licensed by the commissioner as a money transmitter pursuant to Division 1.2 (commencing with Section 2000).
(f)CA Financial Code § 185(f) Any person authorized by the commissioner to conduct the business of a savings association pursuant to Division 2 (commencing with Section 5000).
(g)CA Financial Code § 185(g) Any credit union authorized by the commissioner to conduct business pursuant to Section 14154.
(h)CA Financial Code § 185(h) Any foreign (other state) credit union licensed by the commissioner to conduct business pursuant to Chapter 11 (commencing with Section 16000) of Division 5.
(i)CA Financial Code § 185(i) Any foreign (other nation) credit union licensed by the commissioner to conduct business pursuant to Chapter 12 (commencing with Section 16500) of Division 5.
(j)CA Financial Code § 185(j) Any industrial loan company authorized by the commissioner to conduct insurance premium finance business pursuant to Division 7 (commencing with Section 18000).
(k)CA Financial Code § 185(k) Any corporation licensed by the commissioner as a business and industrial development corporation pursuant to Section 31154.

Section § 186

Explanation

This section states that the term "majority-owned subsidiary" refers to what is defined as a "subsidiary" in another section of the law, specifically subdivision (a) of Section 189 of the Corporations Code. Essentially, to understand what a majority-owned subsidiary is, you need to refer to that other section for the full definition.

“Majority-owned subsidiary” has the meaning set forth for “subsidiary” in subdivision (a) of Section 189 of the Corporations Code.

Section § 187

Explanation

This section defines who is considered a “member of the public.” It excludes government agents or employees working in their official capacity, as well as employees or associates of a licensed company when they're dealing with that company's confidential information.

“Member of the public” means any person, except an agent, officer, or employee of the department acting within the scope of his or her agency, office, or employment. Member of the public does not include a director, officer, employee, attorney, accountant, or consultant of a licensee, provided that the confidential information in question only pertains to the licensee that employs or utilizes the director, officer, employee, attorney, accountant, or consultant.

Section § 188

Explanation

A "money transmitter" is someone who is officially allowed to operate a business that handles sending money, as per the rules starting from Section 2030 in another part of the law.

“Money transmitter” means a person authorized pursuant to Chapter 3 (commencing with Section 2030) of Division 1.2 to engage in the business of money transmission.

Section § 189

Explanation

This law defines key terms used in the Financial Institutions Law. It states that a 'national bank' or 'national banking association' refers to a banking organization created under the National Bank Act. Additionally, for the purposes of this law, a national bank is considered to be a corporation.

(a)CA Financial Code § 189(a) “National bank” or “national banking association” means a national banking association organized under the National Bank Act.
(b)CA Financial Code § 189(b) For purposes of the Financial Institutions Law, a national bank is deemed to be a corporation.

Section § 190

Explanation

This section defines who counts as an 'officer' in different contexts. For corporations, it's anyone officially named as an officer according to the law or company documents like bylaws, or anyone doing typical officer tasks. For other types of organizations, it's anyone doing officer-like roles, similar to those in a corporation.

“Officer” means:
(a)CA Financial Code § 190(a) When used with respect to a corporation, any person appointed or designated as an officer of the corporation by or pursuant to applicable law or the articles of incorporation or bylaws of the corporation or any person who performs with respect to the corporation functions usually performed by an officer of a corporation.
(b)CA Financial Code § 190(b) When used with respect to a specified person other than a natural person or a corporation, any person who performs with respect to the specified person, functions usually performed by an officer of a corporation with respect to the corporation.

Section § 191

Explanation

This law refers to the definition of "Officers’ certificate" as it is described in another part of the Corporations Code, specifically Section 173.

“Officers’ certificate” has the meaning set forth in Section 173 of the Corporations Code.

Section § 193

Explanation

When talking about a corporation, "resulting" refers to the corporation that emerges after a merger or conversion. If two corporations merge, the new merged entity is called the "resulting" corporation. Similarly, if a corporation changes its legal structure, the newly restructured corporation is the "resulting" entity.

“Resulting,” when used with respect to a corporation, means:
(a)CA Financial Code § 193(a) In the case of a consolidation, the corporation into which the constituent corporations are consolidated.
(b)CA Financial Code § 193(b) In the case of a conversion, the corporation into which the converting corporation is converted.

Section § 195

Explanation

This section of the law defines the term "ROCA supervisory rating" as per the definition provided in another specific federal regulation, 12 CFR 327.8(k).

“ROCA supervisory rating” shall have the meaning set forth in Section 327.8(k) of Title 12 of the Code of Federal Regulations.

Section § 197

Explanation

This section defines what is meant by "savings association." It includes savings associations, savings and loan associations, and savings banks, except for savings banks as specifically defined in a section of the Federal Deposit Insurance Act.

“Savings association” includes a savings association, a savings and loan association, and a savings bank. However, “savings association” does not include any savings bank of the type defined in Section 3(g) of the Federal Deposit Insurance Act (12 U.S.C. Section 1813(g)).

Section § 199

Explanation

This law section simply refers to another part of the Corporations Code for the definition of 'Series' as it applies to shares.

“Series,” when used with respect to shares, has the meaning set forth in Section 183 of the Corporations Code.

Section § 201

Explanation

This section clarifies that the term "shares" is defined the same way it is in Section 184 of the Corporations Code.

“Shares” has the meaning set forth in Section 184 of the Corporations Code.

Section § 203

Explanation

This section refers to the term 'shareholder' and simply states that its definition can be found in Section 185 of the Corporations Code.

“Shareholder” has the meaning set forth in Section 185 of the Corporations Code.

Section § 205

Explanation

This section explains how the term 'State' is used in two different contexts. First, when it's about a corporation, it refers to a corporation set up under any U.S. state’s laws. Second, when referring to a foreign bank's office, it means an office the bank is allowed to have under U.S. state laws.

“State”:
(a)CA Financial Code § 205(a) When used with respect to a corporation, means a corporation that is organized under the laws of a state of the United States.
(b)CA Financial Code § 205(b) When used with respect to an office of a foreign (other nation) bank, means an office that the bank is authorized to maintain under the laws of a state of the United States.

Section § 207

Explanation

This section defines the term "State of the United States." It includes all 50 states, the District of Columbia, U.S. territories such as Puerto Rico and Guam, and other regions like American Samoa and the Virgin Islands.

“State of the United States” means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.

Section § 209

Explanation

This section explains that when the term “surviving” is used in relation to a corporation, it refers to the corporation that continues to exist after other corporations have merged into it.

“Surviving,” when used with respect to a corporation, means a corporation in which one or more other corporations are merged.

Section § 211

Explanation

This section defines the term "Uniform Interagency Trust Rating System (UITRS)" based on the policy statement issued by the Federal Financial Institutions Examination Council on October 13, 1998. Essentially, it refers to a standard system used by federal agencies to evaluate the performance of trust services offered by financial institutions.

“Uniform Interagency Trust Rating System (UITRS)” shall have the meaning set forth in the policy statement regarding the uniform interagency trust rating system published by the Federal Financial Institutions Examination Council on October 13, 1998 (63 Fed. Reg. 54704).

Section § 213

Explanation

The term “Uniform Rating System for Informational Technology (URSIT)” refers to a specific method for evaluating information technology used by financial institutions. This system was officially introduced in a policy by the Federal Financial Institutions Examination Council at the start of 1999 and became effective by April of that year.

“Uniform Rating System for Informational Technology (URSIT)” shall have the meaning set forth in the policy statement regarding the uniform rating system for information technology published by the Federal Financial Institutions Examination Council on January 20, 1999, and implemented on or before April 1, 1999 (64 Fed. Reg. 3109).

Section § 215

Explanation

This law section specifies that the term "Vote" should be understood as it is defined in Section 194 of the Corporations Code. For the exact definition, one must refer directly to that section.

“Vote” has the meaning set forth in Section 194 of the Corporations Code.

Section § 217

Explanation

This section refers you to Section 194.5 of the Corporations Code to understand what 'voting power' means. Essentially, if you're looking to know about voting power, the details are provided in that other section.

“Voting power” has the meaning set forth in Section 194.5 of the Corporations Code.