Section § 18490

Explanation

If a financial institution is liquidated and there isn't enough money to cover each savings account by $50,000, a corporation called Guaranty Corporation must pay the missing amount within 10 days after the commissioner asks for it. If Guaranty Corporation doesn't have enough money to cover everything, each account will get less, and more payments will be made as more money comes in. Once the obligations are paid, both regular and special members' account balances will decrease by the amounts paid out.

When the property and business of a member, other than a special member, has been liquidated or is in the process of liquidation by the commissioner and the proceeds of liquidation distributed ratably are insufficient to pay up to fifty thousand dollars ($50,000) of each thrift obligation specified in Section 18523, the commissioner shall direct Guaranty Corporation to pay and Guaranty Corporation shall pay each such deficiency at the direction of and in amounts as directed by the commissioner within 10 days from the date the commissioner makes demand for payment. If the total funds available from Guaranty Corporation at that time are insufficient to pay in full the amounts provided by Section 18523, the amount paid to each thriftholder shall be ratably reduced in proportion to the amount by which the fund is deficient, and thereafter further payments shall be made ratably to such thriftholders in accordance with the directions of the commissioner as additional funds are paid into the fund from assessments or otherwise. If the thrift obligations are paid, each member’s account and special member’s account shall be reduced ratably based on the account balance for the total amount paid.

Section § 18491

Explanation

This section explains that when a financial institution's property and business are being liquidated, the commissioner can instruct the Guaranty Corporation to cover its obligations up to $50,000 for each account holder. If the Guaranty Corporation doesn't have enough money to cover all obligations, payments are reduced proportionately. Additional payments are made as funds become available.

If a person's obligations are covered, the Guaranty Corporation takes over those rights. When liquidation proceeds are available, the Guaranty Corporation gets paid back before any amounts exceeding $50,000 are paid to thriftholders.

Accounts are adjusted based on amounts paid and received during liquidation to ensure fair distribution among account holders.

(a)CA Financial Code § 18491(a) When the property and business of a member, other than a special member, is being liquidated, the commissioner may direct Guaranty Corporation to pay each thrift obligation of the member specified in Section 18523 up to fifty thousand dollars ($50,000). Guaranty Corporation shall pay the thrift obligations at the direction of, and in the amounts directed by, the commissioner within 10 days from the date the commissioner makes demand for payment under this section. If the total funds available from Guaranty Corporation at that time are insufficient to pay in full the amounts provided by Section 18523, the amount paid to each thriftholder shall be ratably reduced in proportion to the amount by which the fund is deficient, and thereafter further payments shall be made ratably to those thriftholders in accordance with the directions of the commissioner as additional funds become available to Guaranty Corporation.
(b)CA Financial Code § 18491(b) When any thrift obligation is paid up to the guaranteed amount as provided in subdivision (a), Guaranty Corporation shall be assigned all rights, title, and interest to each individual thrift obligation up to the amount paid by Guaranty Corporation to each individual thriftholder.
(c)CA Financial Code § 18491(c) Guaranty Corporation shall first receive ratable liquidation proceeds up to the amount paid by Guaranty Corporation to a thriftholder prior to any payment of liquidation proceeds to a thriftholder whose account was in excess of fifty thousand dollars ($50,000).
(d)CA Financial Code § 18491(d) Each member’s account and each special member’s account shall be reduced ratably based on the account balance for the total amount paid pursuant to subdivision (a). Liquidation proceeds paid to Guaranty Corporation pursuant to subdivision (c) shall ratably increase each member and special member account based on the account balance for the total amount paid pursuant to subdivision (a).

Section § 18493

Explanation

If the commissioner finds that Guaranty Corporation is breaking its own rules or any state laws, not paying directed amounts, improperly investing funds, failing to collect required payments, not pursuing required legal actions, or refusing to let examiners review its records, the commissioner can take over its business. This means the commissioner will manage the corporation until it agrees to follow the rules.

Whenever it appears to the commissioner that Guaranty Corporation has:
(a)CA Financial Code § 18493(a) Violated its articles of incorporation or any law of this state;
(b)CA Financial Code § 18493(b) Not paid amounts as directed by the commissioner pursuant to Section 18490;
(c)CA Financial Code § 18493(c) Invested its funds in violation of Section 18497;
(d)CA Financial Code § 18493(d) Not levied assessments as required by Sections 18535 and 18536;
(e)CA Financial Code § 18493(e) Has not brought and diligently prosecuted an action to enforce payment as required by Section 18538;
(f)CA Financial Code § 18493(f) Violated any section of this chapter; or
(g)CA Financial Code § 18493(g) Neglected or refused to submit its books, papers, and affairs to the inspection of any examiner;
the commissioner may forthwith take possession of the property and business of Guaranty Corporation and retain possession until Guaranty Corporation satisfies the commissioner that it will operate in conformity with this chapter. During the time the commissioner has such possession he shall perform the duties and carry out the obligations of Guaranty Corporation.

Section § 18494

Explanation

If the state financial commissioner takes over a company called Guaranty Corporation, the company has 10 days to ask the court to stop the takeover. They can do this if they feel they have been wronged. The court will hold a hearing to decide whether to stop the commissioner's actions, give the company's property and business back, or make another fair decision.

Whenever the commissioner has taken possession of the property and business of Guaranty Corporation, Guaranty Corporation within 10 days after such taking, if it deems itself aggrieved thereby, may apply to the superior court in the county in which the head office of Guaranty Corporation is located to enjoin further proceedings. The court, after citing the commissioner to show cause why further proceedings should not be enjoined, and after a hearing and a determination of the facts upon the merits, may dismiss such application or enjoin the commissioner from further proceedings and direct him to surrender the property and business to Guaranty Corporation, or make such further order as may be just.

Section § 18495

Explanation

This law states that either the commissioner or the Guaranty Corporation can appeal a court judgment in the same way appeals are made from a superior court to a court of appeal. However, the appeal will not pause (or 'stay') the judgment unless the court specifically decides there is a good reason to do so.

An appeal may be taken from the judgment of the court by the commissioner or by Guaranty Corporation in the manner provided by law for appeals from the judgment of a superior court to the court of appeal. An appeal from the judgment of the court does not operate as a stay of the judgment unless the court, on good cause, so orders.

Section § 18496

Explanation

This law outlines the powers and responsibilities of the Guaranty Corporation regarding membership approval and financial assessments of its members. The Corporation can approve or revoke memberships and report financial conditions to the commissioner while maintaining confidentiality. Financial statements provided to or created by the Corporation are not public documents, protecting all individuals involved from liability. The Corporation can hire accountants or form committees for audits or investigations, which are paid by the Corporation. Unauthorized use of confidential information is a misdemeanor. These powers cannot be used for special members.

(a)CA Financial Code § 18496(a) Guaranty Corporation shall have independent authority to approve membership, or suspend or revoke the right to participate in Guaranty Corporation by any member for cause and to submit reports and make recommendations to the commissioner regarding the financial condition of any member and shall also do so if requested by the commissioner. These reports and recommendations shall not be public documents. There shall be no liability on the part of, and no cause of action of any nature shall arise against, Guaranty Corporation or its members, directors, officers, employees or agents, or the commissioner or his or her authorized representatives, for any statements made by them in any reports or recommendations made hereunder.
(b)CA Financial Code § 18496(b) In order to permit Guaranty Corporation to fulfill its obligations under subdivision (a), upon the written request of Guaranty Corporation the commissioner may furnish to Guaranty Corporation a copy of financial statements or reports filed by a member or an industrial loan company making application to participate in Guaranty Corporation and a copy of the commissioner’s analysis of an industrial loan company’s receivables. Except for reports filed under Sections 18407 and 18410, such statements and reports shall not be public documents, and the information contained therein shall be privileged, and confidential to Guaranty Corporation for its sole use in carrying out its statutory functions. There shall be no liability on the part of, and no cause of action of any nature shall arise against the State of California, the commissioner or members of the commissioner’s staff or the commissioner’s authorized representatives, for the release of any information furnished to Guaranty Corporation pursuant to this subdivision.
(c)CA Financial Code § 18496(c) By written consent of a majority of its directors, Guaranty Corporation, in order to fulfill its obligations under subdivision (a), may appoint an independent certified public accountant or public accountant to prepare an audit report containing audited financial statements, together with such other information as Guaranty Corporation, in good faith, requires regarding the financial condition of any member. For the purposes of examination and investigation the certified public accountant or public accountant appointed by Guaranty Corporation shall have free access to the offices and places of business, books, accounts, papers, records, files, safes and vaults of the member.
(d)CA Financial Code § 18496(d) By written consent of a majority of its directors, Guaranty Corporation, in order to fulfill its obligations under subdivision (a), may hire or appoint specialized committees or employees to investigate the operations of a member company. Guaranty Corporation may have its specialized employees or committees investigate the affairs and examine the books, accounts, records and files used in the business of the member. For the purposes of examination and investigation the specialized employees and committees of Guaranty Corporation shall have free access to the offices and places of business, books, accounts, papers, records, files, safes, and vaults of the member.
(e)CA Financial Code § 18496(e) Costs and expenses for such audit report or special investigation report shall be paid by Guaranty Corporation.
(f)CA Financial Code § 18496(f)  Any person who uses any information obtained under subdivision (b), (c) or (d) for any purpose not authorized by subdivision (a) is guilty of a misdemeanor.
(g)CA Financial Code § 18496(g) The powers granted to the Guaranty Corporation by this section may not be exercised in connection with special members.

Section § 18496.1

Explanation

This law states that individuals working for Thrift Guaranty Corporation, like directors or employees, can be held accountable for fraudulent, intentional, or criminal actions during their duties. However, they aren't responsible for other types of actions not listed here.

The law also requires the board of directors to try to get insurance that covers mistakes or oversight by their staff. They must report the cost and details of this insurance to the commissioner every year.

(a)CA Financial Code § 18496.1(a) A director, officer, employee, or agent of Thrift Guaranty Corporation shall be subject to liability for acts of fraud, willful misconduct, or reckless or criminal acts arising out of, or in connection with, the performance of his or her duties on behalf of Thrift Guaranty Corporation, but shall not be subject to liability or causes of action for acts other than those set forth in this section.
(b)CA Financial Code § 18496.1(b) The board of directors shall exercise reasonable efforts to obtain directors, officers, employees, and agents, errors and omissions liability insurance coverage and shall within 30 days from the end of each fiscal year submit to the commissioner its reports, advising the commissioner of the terms and costs of such coverage, if available.

Section § 18497

Explanation

The Guaranty Corporation can only invest its money in securities that can be easily sold, following rules set by the commissioner.

If the commissioner asks, the Guaranty Corporation must allow access to its financial records to check how these funds are being managed.

Guaranty Corporation may invest its funds only in readily marketable securities as provided by rules of the commissioner.
Upon request of the commissioner, Guaranty Corporation shall furnish an authorization for disclosure to the commissioner of financial records of such funds pursuant to Section 7473 of the Government Code.

Section § 18498

Explanation

This law explains how income from investments should be handled. First, any investment income should be put into an account to help with administration costs. If the income is more than what's needed for these costs, it can be shared with members based on how much each member has in their account. The investment income, whether or not it's shared with members, can be claimed by the commissioner if it's not set aside for administration purposes for the year.

Income from investments shall be recorded in an income account and be used to defray expenses of administration. Income from investments that exceeds an amount determined by the board of directors to be adequate to provide for current expenses may be credited to members’ accounts. Each member’s account shall receive credit ratably based on the account balance, for the amount of the excess. Income received by Guaranty Corporation, whether or not credited to members’ accounts, shall be subject to a demand of the commissioner made pursuant to Section 18490 except as to that portion reserved by the board of directors for expenses of administration during the calendar year.

Section § 18499

Explanation

If the costs of running the investment exceed the income it generates by the end of the year, then those extra costs will be charged to the members' accounts. Each member will share this charge based on how much they have in their account.

Expenses of administration that exceed income from investments at year end shall be charged to members’ accounts. Each member’s account shall be charged ratably based on the account balance for the amount of the excess.

Section § 18500

Explanation

The Guaranty Corporation has the power to carry out several actions to support its members and manage financial stability.

It can borrow money, make loans or investments, and provide financial assistance to member companies to prevent financial shortfalls. It can also establish a new thrift company to temporarily manage the obligations of a closed company and act as a conservator or receiver when needed. Additionally, the Corporation can use its funds to carry out these activities and hire consultants or advisors as necessary.

Guaranty Corporation shall have authority to:
(a)CA Financial Code § 18500(a)  Borrow funds when necessary to effectuate the provisions of this chapter.
(b)CA Financial Code § 18500(b) Make loans to, deposits in, purchase assets or securities of, assume liabilities of, or make contributions to any Guaranty Corporation member to minimize the deficiency payments that might be required under Article 2 (commencing with Section 18490).
(c)CA Financial Code § 18500(c) Organize a new thrift company to assume the thrift obligations and temporarily perform the functions of the closed company. The commissioner may waive any provision of the Industrial Loan Law necessary to enable Guaranty Corporation to organize a new thrift company.
(d)CA Financial Code § 18500(d) Act as a conservator or receiver of a member company that the commissioner has taken possession of.
(e)CA Financial Code § 18500(e) Guaranty Corporation may use the fund, or any portion of the fund, in exercising its authority.
(f)CA Financial Code § 18500(f) Employ consultants, advisors, and others to assist Guaranty Corporation in fulfilling its obligations and objectives.

Section § 18501

Explanation

If a business gets into trouble, a commissioner must quickly inform the Guaranty Corporation when they take control of the business's property. They must also let them know right away if they decide to sell off the business and its property.

The commissioner shall give prompt notice to Guaranty Corporation when the commissioner takes possession of the property and business of a member and shall give further prompt notice when the commissioner determines to liquidate the property and business of a member.

Section § 18502

Explanation

This law states that memberships given out by the Guaranty Corporation cannot be transferred to someone else. It also mentions that these memberships are not covered by the Corporate Securities Law of 1968, meaning they're not subject to the rules and regulations usually applied to securities.

Memberships issued by Guaranty Corporation shall be nontransferable and shall be exempt from the provisions of the Corporate Securities Law of 1968.

Section § 18503

Explanation

This law allows the commissioner and their appointed staff to investigate and review the financial activities of Guaranty Corporation. They can examine the company's books, accounts, and files at any time and have full access to the company's office and records.

The commissioner and the commissioner’s duly designated representatives may at any time investigate the affairs and examine the books, accounts, records and files used by Guaranty Corporation. The commissioner and the commissioner’s duly designated representatives shall have free access to the offices, books, accounts, papers, records, files, safes, and vaults of Guaranty Corporation.

Section § 18504

Explanation

If an industrial loan company or any member applies to join the Guaranty Corporation and is unhappy with their decision or action, they have 30 days to appeal to the commissioner.

Any member or industrial loan company making application to participate in Guaranty Corporation aggrieved by any action or decision of Guaranty Corporation may appeal to the commissioner within 30 days from the action or decision.

Section § 18505

Explanation

This law requires the commissioner, after consulting with the Thrift Guaranty Corporation, to set rules about what information needs to be provided to people holding investment certificates from industrial loan companies. This includes details about any guarantees or insurance and the process for payment if the company is taken over. The goal is to ensure that the information is easy to understand for typical holders and doesn't suggest any state-backed guarantees. The commissioner must establish these rules quickly, within 60 days of the law taking effect.

(a)CA Financial Code § 18505(a) After consultation with, and approval by, the Thrift Guaranty Corporation, the commissioner shall adopt rules and regulations regarding information to be given to holders of investment certificates of industrial loan companies including, but not limited to, information containing any reference to a guarantee or insurance program of investment certificates, and the time and conditions for payments to the holders of investment certificates, in the event an industrial loan company is taken over by the commissioner. These regulations shall include the means for informing investment certificate holders of their rights.
(b)CA Financial Code § 18505(b) It is the intent of the Legislature that the commissioner authorize information which can be clearly understood by a typical investment certificate holder. In addition, the information may in no way imply that the State of California stands behind or is involved with any type of guarantee or insurance program for industrial loan companies investment certificate holders.
(c)CA Financial Code § 18505(c) These rules and regulations shall be adopted on an emergency basis within 60 days of the effective date of this section.

Section § 18506

Explanation

This law prohibits anyone from making or promoting any claims that suggest they are part of the Guaranty Corporation or that their savings or investment products are guaranteed by it. Basically, don't falsely advertise that you're associated with the Guaranty Corporation or that your financial products are secure through them.

No person shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner any statement or representation with regard to its membership in Guaranty Corporation or that any of its thrift obligations are in any manner guaranteed.

Section § 18507

Explanation

This law requires the commissioner to provide Guaranty Corporation with a list of all industrial loan companies that don't have insurance, but have outstanding thrift obligations. The commissioner must also share a copy of each company's independent audit report, which is filed with him as of the previous December 31st. This information must be sent by April 1st each year.

In order to permit Guaranty Corporation to fulfill its obligations under this chapter, the commissioner shall furnish to Guaranty Corporation a list of all industrial loan companies that are not insured companies which have outstanding thrift obligations and one copy of the independent audit report on each such industrial loan company filed with him as of the preceding December 31 and not later than April 1 of each year.

Section § 18508

Explanation

If an industrial loan company has an account or has paid assessments, it cannot get its money back unless the Guaranty Corporation is being liquidated.

An industrial loan company or its successor shall not be entitled to receive a refund, return, withdrawal, or distribution of the amount in its member’s account or of any assessments paid by it except upon liquidation of Guaranty Corporation.

Section § 18509

Explanation

This section explains how a Guaranty Corporation can dissolve itself. First, it needs approval from several parties, and every industrial loan company involved must either join the Federal Deposit Insurance Corporation or settle its debts.

When the corporation liquidates, its assets are divided among all current and past members based on their account balances. Members' accounts include all payments made to the Guaranty Corporation and are adjusted for any expenses the corporation has paid on their behalf.

If a member owes more than what is in their account, their account is closed, and the extra cost is spread among other members. Any member that continues to operate gets a new account starting from zero.

(a)CA Financial Code § 18509(a) Guaranty Corporation may elect to wind up and dissolve upon approval of the commissioner, the board, and the members in accordance with Section 8610 of the Corporations Code, after (1) each industrial loan company has become a member of the Federal Deposit Insurance Corporation or redeemed all of its outstanding thrift obligations or (2) Guaranty Corporation has satisfied its guarantee of thrift obligations as provided in this chapter.
(b)CA Financial Code § 18509(b) Upon liquidation, after complying with the provisions of Section 8713 of the Corporations Code and notwithstanding Section 8717 of the Corporations Code, the assets of Guaranty Corporation shall be distributed to its members, past and present, including special members, ratably based on the balance of the members’ accounts, as established by resolution of the Board of Directors of Guaranty Corporation in accordance with the following:
(1)CA Financial Code § 18509(b)(1) The account of each member, past and present, including special members, shall be credited with all assessments paid by the member to Guaranty Corporation.
(2)CA Financial Code § 18509(b)(2) For each fiscal year, all current and prior expenses of administration of Guaranty Corporation shall be charged to the accounts of all members, past and present, including special members, ratably based on the balance of each account.
(3)CA Financial Code § 18509(b)(3) With respect to the account of each member to whom Guaranty Corporation has advanced funds or on whose behalf Guaranty Corporation has paid claims and expenses, the following adjustments shall be made:
(A)CA Financial Code § 18509(b)(3)(A) The member’s account shall be charged in the amount of the funds advanced or paid as of the date of advance or payment.
(B)CA Financial Code § 18509(b)(3)(B) If the amount advanced or paid exceeds the balance of the member’s account, then (i) the member’s account shall be deemed to have been closed, and the excess shall be allocated and charged ratably to the accounts of all other members, past and present, including special members, and (ii) if the member continued to operate after the date of the advance or payment, whether under new ownership or management or under the management of Guaranty Corporation, then a new member account shall, for purposes of this section, be deemed to have been established for the member with a zero balance, which shall be credited with subsequent assessments paid.

Section § 18510

Explanation

This law specifies that the Board of Directors for the Guaranty Corporation must have five members, and at least two must be public members. The appointments are made by the commissioner, who must seek advice from the President of Thrift Guaranty Corporation before appointing anyone. Public members cannot be connected to any related companies, state agencies or be related to company officers or directors.

The Board of Directors of Guaranty Corporation shall be composed of five members, at least two of which shall be public members. The five members shall be appointed by the commissioner. The commissioner shall consult with the President of Thrift Guaranty Corporation before making an appointment. Public members shall not be affiliated with any company or affiliate of any company or employed by any state agency. A public member shall not be a relative of any officer or director of any company or its affiliates.

Section § 18511

Explanation

This law requires the Guaranty Corporation to set up a permanent office in California. This means they must have a physical presence in the state.

Guaranty Corporation shall establish a permanent office in this state.

Section § 18512

Explanation

This law allows the commissioner to ask the Guaranty Corporation to get extra protection, like a bond or insurance, to safeguard its members’ savings. The commissioner must approve the type, amount, and form of this protection in writing.

The commissioner may require Guaranty Corporation to obtain a bond, insurance, or reinsurance which provides additional protection against losses to its members’ thriftholders. The type, amount, and form of this protection is subject to the commissioner’s written approval.