Section § 18000

Explanation
This section establishes the official title of the regulations governing certain types of financial institutions in California. These rules can be referred to as the 'Industrial Loan Law,' 'Industrial Banking Law,' or 'Thrift and Loan Law.'
This division shall be known and may be cited as the “Industrial Loan Law,” the “Industrial Banking Law,” or the “Thrift and Loan Law.”

Section § 18001

Explanation

This part of the law explains that the definitions provided in this section are meant to be used when interpreting the rest of the division unless it's clear that they don't apply in a particular situation.

The definitions given in this article govern the construction of this division unless the context otherwise requires.

Section § 18002

Explanation

This law defines the term “Commissioner” as referring specifically to the Commissioner of Financial Protection and Innovation.

“Commissioner” means the Commissioner of Financial Protection and Innovation.

Section § 18002.5

Explanation

This section defines the term "Department" specifically as the Department of Financial Protection and Innovation.

“Department” means the Department of Financial Protection and Innovation.

Section § 18003

Explanation

This law defines the terms 'industrial loan company,' 'thrift and loan company,' or 'company' as referring to a premium finance agency as outlined in another section (Section 18560). However, it is important to note that these terms, and the entire division, do not apply to industrial banks that are governed by a different set of rules starting from Section 1530 of Division 1.1.

“Industrial loan company,” “thrift and loan company,” or “company” as used in this division means a premium finance agency as defined in Section 18560. Notwithstanding any other provision of this chapter, these terms and this division do not apply to an industrial bank subject to, and governed by, Chapter 15 (commencing with Section 1530) of Division 1.1.

Section § 18003.1

Explanation

This law defines the term “investment and loan” specifically as referring to an industrial loan company.

“Investment and loan” means an industrial loan company.

Section § 18003.2

Explanation

This law explains that whenever you see references to an 'industrial loan company' or 'thrift and loan company' in California's statutes or regulations, they actually mean an 'insurance premium finance agency' as described in another section of the law. However, this rule does not apply if another law specifically says something different, or if the reference is within certain specific sections of the law.

(a)CA Financial Code § 18003.2(a)Any reference in a provision of any statute or regulation of this state to an industrial loan company or a thrift and loan company means an insurance premium finance agency as defined in Section 18560.
(b)CA Financial Code § 18003.2(b) Subdivision (a) does not apply in any of the following cases:
(1)CA Financial Code § 18003.2(b)(1) In case the provision or a related provision expressly provides otherwise.
(2)CA Financial Code § 18003.2(b)(2) In the case of any provision of Division 1 (commencing with Section 99) or Division 1.5 (commencing with Section 4800).

Section § 18003.5

Explanation

This law explains what 'insured' means in the context of industrial loan companies and investment certificates. If an industrial loan company or an investment certificate is labeled 'insured,' it means they are covered by the Federal Deposit Insurance Corporation (FDIC) under the Federal Deposit Insurance Act.

(a)CA Financial Code § 18003.5(a) When used with respect to an industrial loan company, “insured” means an industrial loan company that is 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 § 18003.5(b) When used with respect to an investment certificate, “insured” means an investment certificate that is insured by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act (12 U.S.C. Sec. 1811 et seq.).

Section § 18003.6

Explanation

A 'certificate of deposit' for an industrial loan company is an investment certificate that shows the company's promise to pay back a deposit that can't be withdrawn on demand, according to federal law definitions.

“Certificate of deposit” as that term is used by an industrial loan company licensed under this division means an investment certificate representing the obligation of an industrial loan company to repay a nondemand deposit as deposit is defined in Section 3(1) of the Federal Deposit Insurance Act.

Section § 18003.7

Explanation

The term "demand deposit" refers to a type of account like an investment or savings certificate that can be cashed out at any time by the owner. These accounts are available in forms such as passbooks or certificates, and they are easily accessible whenever the owner requests.

“Demand deposit” means investment or thrift certificates in account, passbook, or certificate form which are redeemable and payable upon demand to the owner.

Section § 18004

Explanation

This section defines a 'Borrower' as the person who gets the money or benefits from a loan.

“Borrower” means the person receiving the proceeds or benefits of a loan.

Section § 18005

Explanation

This section defines what a 'consumer loan' or 'consumer obligation' is. It's any loan or debt a person takes on where the money, goods, or services are mainly for personal or household uses.

“Consumer loan or consumer obligation” means a loan made to, or an obligation incurred by, a natural person in which the money loaned, or the property delivered or service rendered under the obligation is primarily for personal, family, or household purposes.

Section § 18006

Explanation

This law explains what “primarily secured by real property” means. It indicates that when a loan is given or a debt is taken on, if the value of the property (after subtracting other debts on it) is more than half of the loan amount, then the loan is considered to be primarily secured by that property.

“Primarily secured by real property”, as used in this division, means the fair market value of the real property less prior encumbrances, at the time the loan is made or other obligation is acquired, is more than 50 percent of the principal amount owing on the loan or obligation.

Section § 18007

Explanation

This section defines 'charges' as all the costs an industrial loan company or any other person might impose when handling a loan or other financial service. This includes everything from interest and fees to commissions and expenses, covering all activities related to setting up, managing, or enforcing the loan.

“Charges”, as used in this division, include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by an industrial loan company or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing of a loan, or for forbearance of money, credit, goods, things in action, or any other service or services rendered.

Section § 18008

Explanation

This section defines "charges" in the context of loans. It includes any profit or benefit someone might get through a related sale, purchase, or agreement when they arrange or make a loan. However, it doesn't count commissions from selling insurance as allowed by this division.

“Charges” also include any profit or advantage of any kind that any person may contract for, collect, receive, or in any manner obtain by a collateral sale, purchase, or agreement, in connection with the negotiating, arranging, making, or otherwise in connection with any loan, except commissions received on insurance sold as provided in this division.

Section § 18009

Explanation

The term "principal amount" refers to the actual sum of money, credit, goods, or other resources that the borrower gets or uses, either directly or based on their instructions, when they first make the deal.

“Principal amount”, as used in this division, means the net amount of money, credit, goods, or things in action received by the debtor or borrower or disbursed on the borrower’s instructions at the time of entering into the transaction.

Section § 18010

Explanation

This law defines the terms 'principal balance' and 'face amount' as the remaining amount owed on a loan or financial obligation.

“Principal balance”, and “face amount” as used in this division, means the unpaid balance of a loan or other obligation.

Section § 18011

Explanation

This law defines an 'affiliated company' as any business that is managed or controlled, either directly or indirectly, in the same way as an industrial loan company. Essentially, if two companies share the same management or control, they are considered affiliated.

“Affiliated company”, as used in this division, is a company under substantially the same management or control, directly or indirectly, as the industrial loan company.

Section § 18011.1

Explanation

An "Affiliate" in the context of industrial loan companies refers to a company or a person who has control over more than 10 percent of the company's voting stock.

“Affiliate” means an affiliated company or a person who, directly or indirectly, controls over 10 percent of the voting stock of an industrial loan company.

Section § 18012

Explanation

The term “Corporate Securities Law” refers specifically to the Corporate Securities Law of 1968, which is part of a larger set of regulations starting from Section 25000 in Division 1 of Title 4 under the Corporations Code. This law governs how securities are issued, offered, and traded to ensure compliance and protect investors.

“Corporate Securities Law” means the Corporate Securities Law of 1968, Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code.

Section § 18013

Explanation

This section explains that 'outstanding loans and obligations' refer to all loans and debts still owed, which include lease obligations. From this total, you subtract any unearned interest, charges, discounts, and set-asides for potential losses, along with other permitted deductions determined by the commissioner's regulations.

“Outstanding loans and obligations,” as used in this division, means total outstanding loans and obligations, including lease obligations, less unearned interest or charges, unearned discount, reserve or allowance for losses, and other applicable allowances or deductions as determined by regulation of the commissioner.

Section § 18014

Explanation

This section clarifies that when the term "obligation" is mentioned in certain other sections (like Sections 18265, 18271, 18272, and 18343), it also includes lease obligations. This is based on the authorization provided in Section 18310.

“Obligation” as used in Sections 18265, 18271, 18272, and 18343 includes lease obligations as authorized by Section 18310.

Section § 18015

Explanation

This law defines a 'lease obligation' for the purposes of the relevant division as a type of lease agreement where an industrial loan company acts as the lessor, meaning they are leasing out property or assets to another party.

“Lease obligation” as used in this division, means a lease contract entered into by an industrial loan company as lessor.

Section § 18016

Explanation

This section explains the term "investment certificates ratio". It refers to the comparison between the total value of all outstanding investment certificates a company has issued (except the ones used as collateral) and the company's paid-up and unimpaired capital and surplus that can't be used for dividends.

“Investment certificates ratio”, as used in this division, means the ratio of the aggregate sum of all of the outstanding investment certificates, exclusive of those hypothecated with the company issuing them, of a company to the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus declared not available for dividends pursuant to Section 18319.

Section § 18016.5

Explanation

This section simply states that a 'premium finance agency' is defined according to another legal section, specifically Section 18560. So, to understand what a premium finance agency is, you need to refer to that section.

“Premium finance agency” has the meaning set forth in Section 18560.

Section § 18017

Explanation

This law defines 'assets' for this division as all assets except for intangible ones.

“Assets,” as used in this division, means all assets excluding intangibles.

Section § 18018

Explanation

This law defines what 'capital' means in this specific context. It includes three main components: capital stock, primary capital not already counted as part of capital stock, and secondary capital.

“Capital,” as used in this division, consists of all of the following:
(a)CA Financial Code § 18018(a) Capital stock.
(b)CA Financial Code § 18018(b) Primary capital to the extent not included in capital stock.
(c)CA Financial Code § 18018(c) Secondary capital.

Section § 18018.1

Explanation

In this law, the term "primary capital" is defined. It includes several types of financial resources: common stock, perpetual preferred stock, capital surplus, undivided profits, capital reserves, and a special kind of debt called mandatory convertible debt. However, only a portion (20%) of this debt is counted as part of primary capital.

“Primary capital,” as used in this division, means the sum of common stock, perpetual preferred stock, capital surplus, undivided profits, capital reserves, and mandatory convertible debt (to the extent of 20 percent of primary capital exclusive of that debt).

Section § 18018.2

Explanation

The law defines 'secondary capital' as the extra financial resources a company can use, which come from certain types of debt and stock. This includes mandatory convertible debt not counted in the main capital, limited life preferred stock, and subordinated notes and debentures. These resources can only make up to 50% of the company's primary capital. Additionally, except for the mandatory convertible debt, these financial tools need to have an average maturity term of seven years or more to qualify as part of the capital surplus under the primary capital category.

“Secondary capital,” as used in this division, means the sum of mandatory convertible debt that is not included in primary capital, limited life preferred stock, and subordinated notes and debentures, all in an amount up to 50 percent of primary capital. Issues of limited life preferred stock and subordinated notes and debentures, except mandatory convertible debt, shall have original weighted average maturities of at least seven years to be included within capital surplus under primary capital.

Section § 18018.3

Explanation

This section defines 'perpetual preferred stock' as a type of preferred stock that never has to be repaid on a specific date and cannot be cashed in by the holder whenever they want. Some preferred stocks may switch to common stock at a predetermined date, and these are still considered perpetual preferred stock. However, if the interest rate on a stock increases in such a way that the issuer is effectively forced to buy back the stock, it is not considered perpetual preferred stock.

“Perpetual preferred stock,” as used in this division, means a preferred stock that does not have a stated maturity date or that can not be redeemed at the option of the holder. It includes those issues of preferred stock that automatically convert into common stock at a stated date. It excludes those issues, the rate on which increases, or can increase, in such a manner that would effectively require the issuer to redeem the issue.

Section § 18018.4

Explanation

This law defines 'mandatory convertible debt' as a type of loan that a company must change into shares of common or perpetual preferred stock by a specific date, which is within or before 12 years. It's a kind of subordinated debt, meaning it's lower in priority for repayment if the company goes bankrupt.

“Mandatory convertible debt,” as used in this division, means a subordinated debt instrument which requires the issuer to convert that instrument into common or perpetual preferred stock by a date at or before the maturity of the debt instrument. The maturity of those instruments shall be 12 years or less.

Section § 18018.5

Explanation
Limited life preferred stock refers to a type of preferred stock that either has a set date when it stops existing or can be redeemed by the holder whenever they choose.
“Limited life preferred,” as used in this division, means preferred stock which has a maturity or which may be redeemed at the option of the holder.

Section § 18018.6

Explanation

This law defines "subordinated notes and debentures" for industrial loan companies. These are financial obligations that are not insured deposits and must clearly state this on their face. They generally need to have a maturity of at least seven years, unless exceptions are made by a commissioner. They must also state that they are lower in payment priority compared to other obligations like deposits and are unsecured. Additionally, an industrial loan company needs permission to retire them, and there's a waiver of offset rights if they're issued to a bank.

“Subordinated notes and debentures,” as used in this division, means an obligation other than an investment certificate obligation that:
(a)CA Financial Code § 18018.6(a) Bears on its face, in boldface type no smaller than the largest size type used in the obligation, the following: “this obligation is not a deposit and is not insured by the Federal Deposit Insurance Corporation.”
(b)Copy CA Financial Code § 18018.6(b)
(1)Copy CA Financial Code § 18018.6(b)(1) Has a maturity of at least seven years, or (2) in the case of an obligation or issue that provides for scheduled repayments of principal, has an average maturity of at least seven years; however, the commissioner may permit the issuance of an obligation or issue with a shorter maturity or average maturity if the commissioner has determined that exigent circumstances require the issuance of that obligation or issue. This subdivision shall not apply to mandatory convertible obligations or issues.
(c)CA Financial Code § 18018.6(c) States expressly that the obligation is subordinated and junior in right of payment to the issuing industrial loan company’s obligations to its investment certificate holders and to the industrial loan company’s other obligations to its general and secured creditors, and is ineligible as collateral for a loan by the issuing industrial loan company.
(d)CA Financial Code § 18018.6(d) Is unsecured.
(e)CA Financial Code § 18018.6(e) States expressly that the issuing industrial loan company may not retire any part of its obligation without the prior written consent of the commissioner.
(f)CA Financial Code § 18018.6(f) Includes, if the obligation is issued to a depository institution, a specific waiver of the right of offset by the lending depository institution.

Section § 18019

Explanation

This section defines 'Capital Stock' as referring specifically to one-class voting common stock.

“Capital Stock,” as used in this division, means one-class voting common stock.