Section § 670

Explanation

This law explains the actions that a commissioner can take when dealing with debts of a business or property without federal deposit insurance. For debts up to $10,000, the commissioner can manage them as they see fit, either by selling or compromising the debt. If the debt is over $10,000, the commissioner can still manage it, but needs a court's approval. If the debt is unlikely to be recovered and costs too much to pursue, the commissioner can decide not to file a suit if it's $500 or less; for debts over $10,000, they need court approval not to proceed with a lawsuit.

Upon taking possession of the property and business of a licensee that does not have federal deposit or share insurance, the commissioner may sell, compromise, or compound any bad or doubtful debt owing the licensee for a principal sum not exceeding ten thousand dollars ($10,000), upon those terms as the commissioner may deem proper. If the principal sum thereof exceeds ten thousand dollars ($10,000), the commissioner may compromise, compound, or sell the debt upon those terms as the court may approve. If it appears improbable that a recovery on a debt can be had, and that the costs of an action to collect would be lost, and the principal sum thereof does not exceed five hundred dollars ($500), the commissioner may determine that no suit thereon shall be brought. If the principal sum of that debt exceeds ten thousand dollars ($10,000), the commissioner may determine that no suit thereon be brought after obtaining approval of the court.

Section § 671

Explanation

This law allows a commissioner to sell a licensee's property, whether it's real estate or personal items. The sale can be for cash or credit, and under terms the commissioner finds appropriate. However, these sales must be approved by the court.

The commissioner may sell any real or personal property of the licensee for cash or on credit and on any other terms and conditions as the commissioner may deem proper, subject to the approval of the court.

Section § 672

Explanation

This law explains how a financial business, like a bank or credit union, can be sold to another similar business with court and commissioner approval. For the sale to proceed, the buying bank's board of directors must largely agree. The businesses involved can be based in California or elsewhere, but they must follow any relevant laws from their home jurisdictions. Once a sale is approved, the buying business automatically takes over the rights and responsibilities of the business being sold, including all financial accounts and fiduciary roles. However, customers can withdraw their deposits if they choose. Any laws that usually apply to such transactions are waived for these specific sales.

(a)CA Financial Code § 672(a) The commissioner may, with the approval of the court, sell any part or the whole of the business of a licensee to any other licensee. The purchase and sale shall be approved by the purchasing licensee, as follows:
(1)CA Financial Code § 672(a)(1) If the purchasing licensee is organized under the laws of this state, by two-thirds of all of its directors.
(2)CA Financial Code § 672(a)(2) If the licensee is any licensee other than a licensee organized under the laws of this state, in accordance with the laws of the jurisdiction under which the licensee is organized.
(b)Copy CA Financial Code § 672(b)
(1)Copy CA Financial Code § 672(b)(1) Subject to any applicable federal statutes and regulations, any bank or credit union organized under the laws of this state may, with the approval of two-thirds of all of its directors and of the commissioner, purchase from the receiver of a national banking association or a federal credit union the whole or any part of the business of the national banking association or federal credit union.
(2)CA Financial Code § 672(b)(2) Subject to any applicable federal statutes and regulations and any applicable laws of the jurisdiction under which a foreign corporation is organized, any foreign corporation or any office of a foreign corporation that is licensed by the commissioner to transact business in this state and that is authorized to accept shares or deposits in this state, may, with the approval of the commissioner, purchase from the receiver of a national banking association or federal credit union the whole or any part of the business of the national banking association or federal credit union.
(c)CA Financial Code § 672(c) The provisions of Chapter 12 (commencing with Section 1200) and Chapter 13 (commencing with Section 1300) of Division 1 of Title 1 of the Corporations Code shall not apply to any purchase and sale of the type described in subdivision (a) or (b).
(d)CA Financial Code § 672(d) When a purchase and sale of the type described in subdivision (a) or (b) becomes effective, the purchasing licensee shall, by operation of law and without further transfer, substitution, act, or deed, to the extent provided in the agreement of the purchase and sale or in the order of the court approving the purchase and sale and except as withheld or limited by the agreement or by the order:
(1)CA Financial Code § 672(d)(1) Succeed to the rights, obligations, properties, assets, investments, shares, deposits, demands, and agreements of the licensee whose business is sold, subject to the right of every customer of the licensee whose shares or deposit is sold to withdraw his or her shares or deposit in full on demand after the sale, irrespective of the terms under which the deposit was made.
(2)CA Financial Code § 672(d)(2) Succeed to the rights, obligations, properties, assets, investments, shares, deposits, demands, and agreements of the licensee whose business is sold under all trusts, executorships, administrations, guardianships, conservatorships, agencies, and other fiduciary or representative capacities, to the same extent as though the purchasing licensee had originally assumed, acquired, or owned the same, subject to the rights of trustors and beneficiaries under the trusts so sold to nominate another or succeeding trustee of the trust so sold after the sale.
(3)CA Financial Code § 672(d)(3) Succeed to and be entitled to take and execute the appointment to executorships, trusteeships, guardianships, conservatorships, and other fiduciary and representative capacities to which the licensee whose business is sold is or may be named in wills, whenever probated, or to which it is or may be named or appointed by any other instrument.
(e)CA Financial Code § 672(e) For purposes of subdivision (d), any purchase and sale of the type referred to in subdivision (d) shall be deemed to be effective at the time provided in the agreement of the purchase and sale or in the order of the court approving the purchase and sale.

Section § 673

Explanation

If a financial institution in California that lacks federal insurance is taken over, the state commissioner has six months to either end or continue any ongoing contracts or leases involving the institution. If a contract or lease is terminated, claims for related damages can be made. However, landlords can't claim more than the rent due for the next year plus any overdue rent when an unexpired lease is rejected. Claims must be filed within 30 days of termination or as stated under Section 680, depending on which is later.

Within six months after taking possession of the property and business of any licensee that does not have federal deposit or share insurance, the commissioner may terminate or adopt any executory contract to which the licensee may be a party, including leases of real or personal property. Claims for damages resulting from the termination of any contract or lease may be filed and allowed, but no claim of a landlord for damages resulting from the rejection of an unexpired lease of real property or under any covenant of the lease shall be allowed in an amount exceeding the rent reserved by the lease, without acceleration, for the year succeeding the date of the surrender of the premises plus the amount of any unpaid accrued rent without acceleration. Any claim shall be filed within 30 days of the date of the termination or within the time that claims are to be filed under Section 680, whichever is longer.

Section § 674

Explanation

This law states that the commissioner has the power to carry out transactions, like selling property, on behalf of a licensee, especially during the process of liquidation or asset distribution. The commissioner can sign and deliver necessary documents as if they were done by the company's officers. If the sale involves real estate, a court order approving the sale must be recorded in the relevant county.

The commissioner, in his or her own name or in the name of the licensee, may execute, acknowledge, and deliver any and all conveyances and other instruments necessary or appropriate to effectuate the sale of any real or personal property or to effectuate any other transaction in connection with the liquidation of a licensee or the distribution of its assets. Any conveyance or other instrument executed by the commissioner pursuant to this authority shall be valid and effectual for all purposes as though the same had been executed by the officers of the licensee by authority of its board of directors. Whenever the commissioner sells any real property of the licensee a certified copy of the order of the court approving the sale shall be recorded in the county in which any part of the real property is located.

Section § 675

Explanation

If a licensee is delinquent, the commissioner has the power to handle legal actions needed to close down or liquidate that licensee's business. The commissioner can take legal action either in their own name or on behalf of the licensee.

The commissioner, in the name of the delinquent licensee or in his or her own name, may prosecute and defend any and all actions and other legal proceedings appropriate or necessary to the liquidation of the licensee.

Section § 676

Explanation

When the commissioner receives money while handling the closure of a financial institution, they must deposit it in one or more state banks or credit unions. If the bank or credit union fails, these deposits will be prioritized over other deposits.

The commissioner from time to time shall deposit all moneys coming into his or her hands in the course of the liquidation of the licensee in one or more state banks or state credit unions and in the event of the suspension or insolvency of the depositary shall be preferred before all other deposits.

Section § 677

Explanation

If a financial licensee is being liquidated, the commissioner has to create a detailed list of the licensee's assets. This inventory is filed both in the commissioner's office and with the county clerk where the main office of the licensee is located. The inventory needs to be accessible for public inspection during reasonable hours.

The commissioner shall make an inventory of the assets of the licensee in duplicate and file one in the office of the commissioner and one with the clerk of the county in which the head office of the licensee is located to be filed with the papers in the liquidation proceedings. The inventory shall be open for inspection at all reasonable times.

Section § 678

Explanation

After the deadline for submitting claims has passed, the commissioner must create and file a complete list of all claims, including those rejected, and any customer claims noted in the licensee's records that haven't been submitted yet. One copy goes to the commissioner's office and one to the county clerk where the licensee's main office is located, as part of the liquidation papers. Before asking the court to declare a dividend, the commissioner must also file an additional list of any new claims since the last one. These lists are available for public inspection when requested.

When the time fixed for the presentation of claims has expired, the commissioner shall make in duplicate a full and complete list of all claims presented, including and specifying claims that have been rejected by the commissioner, and a list of all claims of customers as shown by the books or records of the licensee for which claims have not yet been presented, and shall file one copy of the list in the commissioner’s office and one with the clerk of the county in which the head office of the licensee is located to be filed with the papers in the liquidation proceedings. Before each application to the court for leave to declare a dividend, the commissioner shall file a supplemental list of claims presented since the last preceding list was filed, including and specifying any claims that have been rejected by him or her. The list of claims and of claims of customers as shown by the books or records of the licensee shall be open for inspection at all reasonable times.

Section § 679

Explanation

This law section requires the commissioner to notify people who have claims against a licensee, by advertising in a newspaper for three months and mailing notices. The notice tells claimants to provide proof of their claims within four months from the notice's start date. If customers' claims recorded in the licensee's books aren't submitted before a final dividend request, they will be permanently dismissed. Similarly, any other claims not presented within four months will also be barred.

The commissioner shall cause notice to be given by advertisement in any newspapers of general circulation as he or she may select weekly for three consecutive months, calling on all persons who have claims against the licensee to present the same to the commissioner and make legal proof thereof at a place to be specified therein and within four months of the date of the first publication of the notice, which date shall be specified in the notice. The notice shall also state that all claims other than those of customers appearing upon the books or records of the licensee shall be forever barred if not filed within the four months’ period and that all claims of customers appearing upon the books or records of the licensee will be forever barred, except as herein provided, if not filed prior to the filing of a petition for a final dividend. The commissioner shall also mail a similar notice to all persons, including customers whose names appear as creditors upon the books of the licensee and whose addresses appear upon the books or records of the licensee, and shall enclose therewith a printed form of notice of claim.

Section § 680

Explanation

If someone has a claim against a licensee or their property, they must submit it in writing to the commissioner within four months from when a notice to creditors is published. If they miss this deadline, the claim could be permanently barred. Claims recorded in the licensee's records should also be submitted before the commissioner requests court approval for the final payments, or they'll be barred, too, unless there's leftover money after all recognized debts are paid.

If the commissioner questions a claim's validity, they can reject it and notify the claimant. The claimant has three months from this notification to take legal action if they wish to contest the rejection.

All claims of every kind against the licensee or against any property owned or held by the licensee shall be presented to the commissioner in writing verified by the claimant or someone on his or her behalf within four months of the date of the first publication of the notice to creditors. Any claim, other than the claim of a customer whose claim appears upon the books or records of the licensee, not presented within the four months’ period shall be forever barred and any claim of a customer whose claim appears upon the books or records of the licensee that is not so presented prior to the date of the filing of the petition of the commissioner with the court for approval of the payment of the final dividend shall be forever barred except as to any moneys remaining after all debts for which claims were duly filed have been paid in full with interest. If the commissioner doubts the validity of any claim, he or she may reject the claim and serve notice of the rejection upon the claimant either by mail or personally. An affidavit of the mailing or personal service of the notice shall be prima facie evidence of the receipt thereof and shall be filed with the commissioner. Any action upon a rejected claim shall be brought within three months after the date of mailing or personal service of the notice of rejection.

Section § 681

Explanation

This law allows a commissioner, after getting court approval, to pay dividends to creditors from leftover funds after expenses. This happens after the deadline for claims has passed. The commissioner must set aside enough money to pay customers who haven’t yet claimed but are listed in the company’s records. After one year from the first notice to creditors, a final dividend can be paid with court approval.

At any time and from time to time after the expiration of the time fixed for the presentation of claims, the commissioner, after obtaining approval of the court, may declare and pay one or more dividends upon all approved claims out of the funds remaining in his or her hands after the payment of expenses and after setting aside an amount sufficient to pay to all customers, who have not yet filed claims but whose claims appear upon the books or records of the licensee, their pro rata share of the funds then available for the payment of a dividend. At any time after the expiration of one year from the date of the first publication of notice to creditors and after obtaining the approval of the court, the commissioner may declare and pay a final dividend.

Section § 682

Explanation

This law outlines the order of priority for paying expenses and claims from unsecured creditors during liquidation. First, the costs of liquidation and department fees are paid. Next, claims with special priority under other laws come second. Third, deposit claims, as defined by federal law, are addressed, including specific obligations. After that, general liabilities are paid. Finally, obligations that are subordinate to deposits and liabilities are considered. Interest on claims is given the same priority as the original claim but is only paid after all those claims have been covered. Any leftover funds go to members or shareholders.

(a)CA Financial Code § 682(a) Expenses and claims of unsecured creditors have priority in the following order:
(1)CA Financial Code § 682(a)(1) Expenses of liquidation and approved claims for fees and assessments due the department.
(2)CA Financial Code § 682(a)(2) Approved claims given priority under other provisions of state or federal law, including, but not limited to, Sections 676 and 710.
(3)CA Financial Code § 682(a)(3) Approved claims for “deposits,” as that term is defined in 12 U.S.C. Section 1813(l), but including obligations of the type described in 12 U.S.C. Section 1813(l)(5)(A) and (B).
(4)CA Financial Code § 682(a)(4) Approved claims for other general liabilities.
(5)CA Financial Code § 682(a)(5) Approved claims for obligations subordinated to deposits and other general liabilities.
(b)CA Financial Code § 682(b) Interest shall be given the same priority as the claim on which it is based, but no interest shall be paid on any claim until the principal of all claims within the same class has been paid or adequately provided for in full.
(c)CA Financial Code § 682(c) Any funds remaining shall be paid to the members or shareholders, as appropriate.

Section § 683

Explanation

If someone objects to a claim that hasn't been rejected by the commissioner, they need to file their objection with the commissioner. The commissioner will then present this objection to the court during the next dividend-related court session. The court will then address the objections, either deciding on them directly or appointing someone else to do so. If the objection is upheld, the claim won't be accepted by the commissioner until the person making the claim proves it legally in court.

Objections to any claim not rejected by the commissioner may be made by any person interested by filing a copy of the objection with the commissioner, who shall present the copy to the court at the time of the next application for approval of the declaration of a dividend. The court shall thereupon dispose of the objections or may order a reference for that purpose, and should the objections to any claim be sustained by the court or by the referee, the claim shall not be allowed by the commissioner until the claimant has established the claim by judgment.

Section § 684

Explanation

This law says that if dividends or money meant for shares or deposits aren't claimed within six months after the final dividend is ordered, that money goes to the State Treasury. These funds are treated like unclaimed money under specific procedures, meaning they can still be claimed or dealt with later. Before the money is transferred to the State Treasury, the commissioner can give it to the rightful owners if they prove their claim.

Dividends remaining unpaid and any sums available for payment of shares or deposits for which no claim was filed, which remain in the hands of the commissioner six months after the order for the payment of a final dividend, shall be deposited in the State Treasury. The shares or deposits shall be deemed to have been received under Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure, and shall be subject to claim or other disposition as provided in that chapter. The commissioner may pay over the moneys held by him or her to the persons respectively entitled thereto at any time prior to depositing the shares or deposits in the State Treasury, upon being furnished satisfactory evidence of the persons’ right to the same.

Section § 685

Explanation

This section states that if the commissioner has to send unclaimed money or property to a state officer for deposit into the State Treasury, they must also send over any related identifying information, like signature cards, if the Controller requests it. Once these documents are sent to the Controller, both the commissioner and the licensee are no longer responsible for the property. The Controller can choose to destroy these documents if they aren't needed anymore for the benefit of the customers or the state.

Whenever, under the provisions of this article, the commissioner is required to transmit unclaimed money or other unclaimed property to any state officer for deposit in the State Treasury, the commissioner, upon request of the Controller, shall transmit to the Controller all signature cards and any other identifying information available from the records of the licensee, covering the money or other property. Upon receipt by the Controller of the signature cards or other identifying information, the licensee and the commissioner shall be relieved of all responsibility therefor. The signature cards and other identifying information may be destroyed or otherwise disposed of by the Controller whenever, in his or her discretion, their further retention by him or her is no longer required in the interest of the customers or the state.

Section § 686

Explanation

When the commissioner takes over a business and its property, any approved claims from customers and creditors will earn interest. This interest is the same rate that applies to legal judgments.

All approved claims of customers and other creditors shall bear interest at the rate provided by law on judgments from the date that the commissioner takes possession of the property and business of the licensee.

Section § 687

Explanation

This law requires that if a business is holding valuable items or has rented out vaults, safes, or safe-deposit boxes, the commissioner must send a registered mail notice to the owners. The notice tells them to remove their property within at least 60 days.

If the licensee has in its possession for safekeeping or storage any jewelry, plate, money, specie, bullion, stocks, bonds, securities, valuable papers, or other valuable personal property, or has rented any vaults, safes, or safe-deposit boxes, the commissioner shall cause to be mailed, by registered mail, postage prepaid, to any known person claiming to be or appearing on the books of the licensee to be the owner of the property or to the person in whose name the safe, vault, or box stands a notice notifying the person to remove all of the personal property within a specified fixed period of not less than 60 days.

Section § 688

Explanation

This law states that when someone has to remove their property or return a rented box by a certain date, their rental contract with the person or business (the licensee) ends on that day. If they paid for rent in advance, the licensee owes them a refund for the unused portion.

On the last day fixed in the notice for the removal of the property or on the date when the property is removed or the box surrendered, any contract between the person owning the property or holding the box and the licensee shall cease and the amount of the unearned prepaid rent or charges, if any, shall become a debt of the licensee to the person.

Section § 689

Explanation

If someone doesn't pick up their property by the deadline given in a notice, the commissioner has the authority to deal with it as instructed by the court. The commissioner can open a safe, vault, or box in front of a witness and a neutral notary. The notary will seal any found items in a package, label it with the owner's details, and list the contents. This sealed package will be stored securely until it’s handed over to the owner or otherwise handled as decided by the court.

If any property is not removed within the time fixed by the notice mailed by the commissioner, the commissioner may dispose of the property as the court, on application thereto, shall direct. The commissioner may cause any safe, vault, or box to be opened in his or her presence or in the presence of one of the special deputy commissioners and of a notary not an officer or employee of the licensee or of the commissioner. The contents thereof, if any, shall be sealed by the notary in a package upon which the notary shall distinctly mark the name and address of the person in whose name the safe or box stands upon the books of the licensee and shall attach thereon a list and a description of the property within the package. The package so sealed and addressed, together with the list and description may be kept by the commissioner in one or more of the safes or boxes of the licensee or elsewhere until delivered to the person whose name it bears or until otherwise disposed of as directed by the court.

Section § 690

Explanation

This law section outlines the steps for legally dissolving a licensee after its financial affairs have been settled. First, the commissioner petitions the court to declare the licensee dissolved once liquidation is complete. Then, after a court hearing and any required notices, the court can officially declare the dissolution. The court order must state that the licensee has resolved its tax obligations, paid or planned for any debts or liabilities, and distributed all assets appropriately. Once the court declares the licensee dissolved, its corporate existence ends, except for final winding-up activities. Lastly, the commissioner must file this dissolution order with the Secretary of State.

(a)CA Financial Code § 690(a) When the commissioner has completed the liquidation of the licensee, he or she shall petition the court for an order declaring the licensee duly wound up and dissolved.
(b)CA Financial Code § 690(b) After any notice as the court may direct and a hearing, the court may make an order declaring the licensee duly wound up and dissolved. The order shall declare all of the following:
(1)CA Financial Code § 690(b)(1) The licensee has been duly wound up.
(2)CA Financial Code § 690(b)(2) A final franchise tax return, if any, as described by Section 23332 of the Revenue and Taxation Code, has been filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code, and any tax or penalty due under the Corporation Tax Law has been paid, and the licensee’s known debts and liabilities have been paid or adequately provided for, or any taxes, penalties, debts, and liabilities have been paid so far as the licensee’s assets permitted, as the case may be. If there are known debts or liabilities for the payment of which adequate provision has been made, the order shall describe the provision, setting forth any information necessary to enable the creditor or other person to whom payment is to be made to appear and claim payment of the debt or liability.
(3)CA Financial Code § 690(b)(3) All known assets of the licensee have been distributed to its shareholders or wholly applied on account of the licensee’s debts and liabilities.
(4)CA Financial Code § 690(b)(4) The licensee is dissolved.
(c)CA Financial Code § 690(c) The court may make additional orders and grant further relief as it deems proper upon the evidence submitted.
(d)CA Financial Code § 690(d) Upon the making of the order declaring the licensee dissolved, the corporate existence of the licensee shall cease, except for the purposes of any necessary further winding up.
(e)CA Financial Code § 690(e) Upon the making of the order declaring the licensee dissolved, the commissioner shall file with the Secretary of State a copy of the order, certified by the clerk of the court.

Section § 691

Explanation

This law section states that whenever court approval is needed during liquidation proceedings, there has to be a hearing with notice given as directed by the court. During the hearing, the court can choose to approve the actions proposed by the commissioner or direct the commissioner differently regarding the matter at hand.

Whenever this article requires court approval of any step in the liquidation proceedings, approval shall be given after a hearing upon notice as the court may direct. At the hearing, the court may by order approve the actions of the commissioner for which he or she has petitioned the court’s approval or it may, by appropriate order, otherwise direct the commissioner in the matter in connection with which the petition was filed.

Section § 692

Explanation

This law allows a commissioner to borrow money on behalf of a company that is being liquidated or reorganized if it's in the public or customer interest. The borrowed funds can come from federal agencies that lend to those overseeing the closure or liquidation of such companies. With court approval, the commissioner can use the company's assets as collateral for these loans.

Whenever, in the opinion of the commissioner, the liquidation or reorganization of any licensee taken in charge by him or her would be facilitated, or the public interests and the interests of customers or stockholders would be served, the commissioner may borrow money on behalf of the licensee from any federal agency authorized to lend money to receivers, trustees, liquidating agents, or other agents or supervisory authorities in charge of licensees that are closed or in process of liquidation and, with approval of the court, the commissioner may secure any borrowings by the pledge of the assets of the licensee in any manner and amount the commissioner deems necessary, proper, or expedient.