Industrial Loan CompaniesProhibited Practices and Penalties
Section § 18435
If someone knowingly breaks a rule or order under this division, they can face a fine up to $10,000, up to a year in county jail, or both. For imprisonment, the person must have been aware of the rule. This punishment doesn't stop additional actions from the commissioner.
Section § 18436
This law prohibits industrial loan companies from lending money or property to, or guaranteeing obligations for, their directors or officers, or those of its holding company or affiliated companies.
Section § 18437
This law sets restrictions on California industrial loan companies when making loans to or buying debts from people outside California. Generally, they can't do this unless the loans are guaranteed by a financially responsible resident of California, and relevant documents are kept in California. However, they can engage in up to 25% of such out-of-state transactions relative to their assets, and with approval, they can increase this to 50%. If the loans are for buying or refinancing real estate and meet specific conditions, such as being fit for the secondary market and held for 90 days or less, these restrictions don't apply.
Section § 18438
If an industrial loan company violates certain laws when it makes a loan or buys or discounts something, the people in charge like officers, directors, and shareholders who participated in or approved these actions can be held personally responsible for any financial loss the company suffers because of it.
Section § 18439
If a lender charges more than the allowed fees or interest on a loan, and it’s not just an honest mistake in calculation, the whole loan agreement is void. This means the lender cannot legally collect any money, including the loan amount, interest, or fees.
Section § 18440
Industrial loan companies can't require borrowers to sign a confession of judgment, which admits responsibility for a debt, or a power of attorney when giving a loan. The only exception is a power of attorney used to handle the transfer of a car or securities, or to cancel an insurance policy if the borrower doesn't pay for a loan tied to an insurance policy.
Section § 18441
This law ensures that when someone is taking out a loan, they can't be forced to buy anything else as part of that loan. However, there is an exception for certain types of insurance policies. Additionally, borrowers can't be made to sign any other sales contracts unless the law specifically allows it.
Section § 18442
An industrial loan company in California can't give loans or guarantee someone's debt by using its own stock or the stock of its parent company or related companies as collateral.
Section § 18443
If company directors or officers approve a loan or guarantee that breaks certain rules, they must personally repay the amount with 6% annual interest until it's fully paid back.
Section § 18444
If an officer or director is held responsible for a loan or guarantee under the related law and pays for that liability, they can seek reimbursement from any other officers or directors who were involved in approving or making that loan or guarantee. Additionally, they can take over the corporation's rights against the borrower or main party responsible for the loan.
Section § 18445
If you're a director, officer, or employee at an industrial loan company or related entity, it's illegal to accept any kind of reward or gift in exchange for helping someone get a loan or for the company to buy an obligation or property. Doing so can lead to a felony charge.
Section § 18446
This law makes it a felony for directors, officers, or employees of an industrial loan company, its holding company, or affiliates to improperly take or possess company property unless it's for a legitimate demand. It also prohibits misrepresenting or failing to accurately record such transactions in the company's books and accounts, especially if done with fraudulent intent.
Section § 18447
This law says that if any director, officer, or employee of an industrial loan company, its parent company, or any affiliate knowingly records false information in company books or records, or submits a false report about the company’s financial condition, they are committing a felony. It also applies if they deliberately refuse or fail to accurately update records or to show the books to the commissioner or investigators when asked.
Section § 18448
People like directors or employees of an industrial loan company, or anyone connected to it, can't buy the company’s assets for below their current market value. Such a purchase needs approval from the company’s board of directors. The buyer also has to pay the full price in cash before they can take ownership. If someone breaks this rule, they owe the company twice the market value of the assets they improperly bought.
Section § 18449
This law states that if a director of an industrial loan company is involved in fraudulent insolvency or willfully breaks the law or shirks legal duties, they commit a misdemeanor. Insolvency is considered fraudulent unless the company's operations are shown to be managed legally and diligently.
is guilty of a misdemeanor.
Section § 18450
This law states that if a director, officer, or employee of an industrial loan company or its related entities agrees to or participates in an action to make a loan or purchase a contract that breaks the rules of this division, they are committing a misdemeanor.
Section § 18451
This law makes it a misdemeanor for directors, officers, or employees of an industrial loan company to deposit the company's funds somewhere under an agreement—either directly stated or implied—that the recipient will lend money back to them or others in the company. Essentially, it prevents misuse of company funds for personal gain.
Section § 18452
If an officer or employee of an industrial loan company, its holding company, or its affiliates sells investment or savings certificates knowing that the company is bankrupt or unable to pay its debts, they are committing a misdemeanor, which is a criminal offense.
Section § 18453
Section § 18454
If someone working at an industrial loan company, or its affiliates, intentionally makes a false entry in any official document or fails to report necessary information to trick company officials or examiners, they are committing a serious crime. This also applies if they alter, hide, or destroy important records or documents related to the company with the intent to deceive.
Section § 18454.5
This law makes it illegal to intentionally provide false information or leave out important facts in documents that are filed with the commissioner related to this division.
Section § 18455
This law prohibits industrial loan companies from lending money or purchasing certain financial interests from key individuals connected to the company, like officers, directors, or shareholders, unless specific conditions are met. These individuals include officers or directors of the company or its affiliates, shareholders with significant shares, and people financially linked to these individuals. If anyone involved in the company knowingly participates in violating this rule, they are personally responsible for any resulting financial losses.
There are exceptions where the prohibition doesn't apply, such as when buying contracts from licensed lenders with proper approval, buying life insurance as part of a benefits plan, or transactions involving a subsidiary or affiliate where the industrial loan company has significant control or ownership.
Section § 18456
Section § 18457
If someone working for an industrial loan company, whether they are an officer, director, employee, or agent, knowingly takes or wrongfully uses the company's money, property, or credit, they are committing a serious crime called a felony. If convicted, they not only face the criminal penalties but also have to pay back what they took from the company. This law adds to, and does not replace, existing laws for such offenses.