Section § 6500

Explanation

This law section outlines the powers and activities allowed for associations operating under this division. They can exercise various powers necessary for achieving their goals, similar to other corporations, unless explicitly restricted by this division. Associations are subject to the General Corporation Law, but this division takes precedence if there are conflicts between the two.

This section also clarifies that references to the General Corporation Law relate to its status as of January 1, 1977, with considerations for any changes since then. Additionally, for specific chapters, an effective date is set to January 1, 1978.

(a)CA Financial Code § 6500(a) Each association incorporated pursuant to or operating under the provisions of this division shall have all the powers enumerated, authorized, and permitted by this division and other rights, privileges, and powers, and may engage in any activities singly or with others, that are incidental to or reasonably necessary or appropriate for the accomplishment of the objects and purposes of the association, as provided by this division. Among others, and except as otherwise limited by the provisions of this division, each association shall have the powers set out in this chapter. Associations shall be subject to the provisions of the General Corporation Law (Division 1 (commencing with Section 100) Title 1 of the Corporations Code) and shall also have all the powers and privileges provided in the General Corporation Law of this state to other corporations except those powers and privileges that are expressly denied to associations in this division. If any provision of the General Corporation Law is inconsistent with any provision of this division, the provisions of this division shall prevail.
(b)CA Financial Code § 6500(b) All references in this division to the General Corporation Law mean the General Corporation Law effective January 1, 1977, and any subsequent amendments thereto.
(c)CA Financial Code § 6500(c) In the application of Chapter 23 (commencing with Section 2300) of the Corporations Code to associations, the definition of effective date in Section 2300 is January 1, 1978.

Section § 6501

Explanation

An association can exist forever and has the right to create and change its own rules (bylaws) and use a seal in different forms to authenticate documents.

An association may have perpetual existence, adopt and use a corporate seal which may be affixed by imprint, facsimile, or otherwise, and adopt and amend bylaws as provided in this division.

Section § 6502

Explanation

This law allows an association to act like a person in court. It means the association can start a lawsuit, be sued by others, complain formally, and defend itself in any court.

An association may sue, be sued, complain, and defend in any court.

Section § 6502.5

Explanation

This law allows an association to manage property similarly to an individual. It can buy, sell, develop, or lease both real estate and personal property. Additionally, it can mortgage property and accept property as a gift or inheritance.

An association may, acquire, hold, sell, develop, subdivide, dispose of, and convey real and personal property consistent with its objects and powers. It may mortgage, pledge, or lease any real or personal property and may take the property by gift, devise, or bequest.

Section § 6503

Explanation

This law says that a savings association or its subsidiary in California needs the commissioner's written permission before doing any business deals with an affiliated person. These deals include buying, leasing, selling, or receiving gifts of property, as well as signing consulting or service contracts.

The commissioner will approve these deals if two conditions are met: First, the deal must be fair and beneficial to the savings association and must be backed by an impartial appraisal. Second, it requires prior approval by a majority of the board of directors or the voting members or stockholders, ensuring no one with a personal interest votes on the deal. At meetings for approval, all financial connections and relationships must be fully disclosed.

(a)CA Financial Code § 6503(a) No association or subsidiary thereof, without the prior written consent of the commissioner, shall enter into either of the following:
(1)CA Financial Code § 6503(a)(1) Any transaction or modification of any transaction with an affiliated person to buy, lease, or sell real or personal property, or take that property by gift.
(2)CA Financial Code § 6503(a)(2) Any consulting contracts or contracts for services with an affiliated person.
(b)CA Financial Code § 6503(b) As a condition to approving a transaction specified in subdivision (a), the commissioner shall make both of the following findings:
(1)CA Financial Code § 6503(b)(1) The terms of the transaction are fair to, and in the best interests of, the savings association or subsidiary. In the case of real or personal property transactions, this finding shall be supported by an appraisal not prepared by an affiliated person or employee of the association or subsidiary.
(2)CA Financial Code § 6503(b)(2) The transaction was approved in advance by a resolution duly adopted with full disclosure by at least a majority, with no director having an interest in the transaction voting, of the entire board of directors of the association or subsidiary, or alternatively, by a majority of the total votes eligible to be cast by the voting members or stockholders of the association at a meeting called for that purpose, with no votes cast by proxies not solicited for that purpose. For purposes of this subdivision, “full disclosure” shall include, but not be limited to, (A) the affiliated person’s source of financing for any real property involved in the transaction and (B) whether the association or any subsidiary thereof has a deposit relationship with any financial institution or holding company or affiliate thereof providing the financing.

Section § 6504

Explanation

This law talks about borrowing rules for financial associations. If an association is not a member of a federal home loan bank, it can borrow money up to 25% of its assets, but needs written permission from the commissioner to do more. On the other hand, if the association is a member of a federal home loan bank, it has no borrowing limits and can secure its debts by using its assets as collateral.

(a)CA Financial Code § 6504(a) Except by the prior written consent of the commissioner, an association in organization that is not a member of a federal home loan bank may borrow money from any source not more than an aggregate amount equal to 25 percent of its assets on the date of borrowing, and may pledge and otherwise encumber any of its assets to secure its debts.
(b)CA Financial Code § 6504(b) An association that is a member of a federal home loan bank may borrow money from any source without limitation and may pledge and otherwise encumber any of its assets to secure its debts or savings accounts.

Section § 6505

Explanation

This law allows an association to issue and sell capital certificates, which are nonwithdrawable investments that become part of the association's reserves and net worth. These certificates don't provide voting rights and are paid out only after all other financial obligations are met, like savings accounts and debts. They do, however, earn interest before the association earns any profit. In case of losses, the certificates are affected only after all other reserve funds are used up.

The law also states that, if an association's articles of incorporation permit, these certificates can be converted into common stock.

(a)CA Financial Code § 6505(a) An association may issue and sell, directly or through underwriters, capital certificates that represent nonwithdrawable capital contributions, and constitute part of the reserves and statutory net worth of the association. The certificates shall have no voting rights and shall be subordinate to all savings accounts, debt obligations, and claims of creditors of the association. The certificates shall constitute a claim in liquidation against any reserves, surplus, and other statutory net worth accounts remaining after the payment in full of all savings accounts, debt obligations, and claims of creditors. The capital certificates shall be entitled to the payment of interest prior to the allocation of any income to surplus or other statutory net worth accounts of the association and may be issued with a fixed rate of interest or with a prior claim to distribution of a specified percentage of any net income remaining after required allocations to reserves, or a combination of those features. Losses may be charged against capital certificates only after reserves, surplus, and other statutory net worth accounts have been exhausted.
(b)CA Financial Code § 6505(b) To the extent permitted by its articles of incorporation, an association authorized to issue capital stock may provide for the conversion of capital certificates into common stock.

Section § 6507

Explanation

This law allows an association to join and become a member of two types of home loan banks: one is a federal home loan bank, and the other is a home loan bank set up by the state.

An association may qualify as and become a member of a federal home loan bank and a home loan bank established as an agency or instrumentality of this state.

Section § 6508

Explanation

This section allows an association to join and interact with other organizations, whether they are government or private entities. The association can work with these organizations if they help the association achieve its goals, responsibilities, or services. The association can also make contributions and is allowed to fulfill any reasonable conditions required by these organizations as long as they are related to their purposes.

An association may become a member of, deal with, maintain reserves or deposits with, or make reasonable payments or contributions to any organization or instrumentality whether government or private, to the extent that the organization or instrumentality assists in furthering or facilitating the association’s purposes, powers, services, or community responsibilities, and it may comply with any reasonable requirements or conditions of eligibility.

Section § 6509

Explanation

This law allows an association to handle payments for federal or state taxes and loan funds. It can meet necessary federal or state legal requirements, which might include using assets as collateral or paying interest at certain rates. Additionally, it can offer accounts that allow for immediate withdrawal, even if other rules in this division say otherwise.

An association may act as depository for receipt of payments of federal or state taxes and loan funds, and may satisfy any related federal or state statutory or regulatory requirements, including pledging of assets as collateral, payment of interest at prescribed rates, and, notwithstanding any other provision of this division, may issue the accounts subject to the right of immediate withdrawal.

Section § 6510

Explanation

This section states that associations have the ability to sell any loans they hold, or even just a portion of those loans, whenever they choose.

An association may sell any loan, including a participating interest in a loan, at any time.

Section § 6511

Explanation

This law states that loans backed by real estate can be sold to, and are suitable investments for, entities like pension funds, credit unions, labor union funds, and public employee associations. These institutions can also buy such loans directly from associations.

However, it doesn’t change any existing legal limits on how much these entities can invest.

Loans secured by real property may be sold to, and are legal investments for, among others, any public or private pension fund, credit union, labor union fund, or public employee association and may be purchased by those institutions directly from an association. Nothing in this subdivision shall be construed as altering any limits imposed by law on the extent of participation in an investment that is made by any entity covered by this subdivision.

Section § 6513

Explanation

This law allows an association to manage and process loans and investments on behalf of other parties.

An association may service loans and investments for others.

Section § 6514

Explanation

This law allows an association to act as a trustee and receive payment for managing certain trust funds related to retirement and profit-sharing plans, which get special tax benefits under federal law.

The association can also manage individual retirement accounts, again earning compensation for their role.

The investment of trust or account assets is limited to savings accounts or securities issued by the association, or other commissioner-approved investments.

These assets can be pooled together for investment purposes as long as records are kept to track each person's share.

The trustee can accept assets that aren't in cash but must turn them into cash as soon as possible.

(a)CA Financial Code § 6514(a) An association may act, and receive compensation for so acting, as trustee of any trust created or organized in the United States and forming a part of a stock bonus, pension, or profit-sharing plan that qualifies for specific tax treatment under Section 401 of the Internal Revenue Code of 1986 (26 U.S.C., Sec. 401), as amended.
(b)CA Financial Code § 6514(b) It may also act, and receive compensation for so acting, as trustee or custodian of an individual retirement account within the meaning of Section 408 of the Internal Revenue Code of 1986, as amended.
(c)CA Financial Code § 6514(c) Assets of the trust or account must be invested only in savings accounts of the association, in obligations or securities issued by the association, or in other investments that are approved by the commissioner.
(d)CA Financial Code § 6514(d) All assets held in fiduciary capacity by any association under the authority of this section may be commingled and consolidated for appropriate purposes of investment if records reflecting each separate beneficial interest are maintained by the fiduciary or by another appropriate party who assumes that duty.
(e)CA Financial Code § 6514(e) The trustee or custodian may accept noncash assets under this section if the assets are converted into cash as soon as practicable.

Section § 6515

Explanation

This law allows associations, like banks or trust companies, to act as trustees or in other fiduciary roles under state law, similar to other corporations. They can advertise these services too. Additionally, when these associations act as trustees, they are not limited by the interest rate restrictions usually imposed by the California Constitution. However, they still need to follow all other applicable laws and regulations when conducting their business, even when these interest rate limits don't apply.

(a)CA Financial Code § 6515(a) Notwithstanding any provisions of Division 1 (commencing with Section 99), Section 202 of the Corporations Code, or any other provisions of law relating to trusts and trust authority, subject to regulations of the commissioner, an association may act as trustee, executor, administrator, guardian, or in any other fiduciary capacity in which banks, trust companies, or other corporations are permitted to act under the laws of this state, directly or through a state or nationally chartered subsidiary.
(b)CA Financial Code § 6515(b) All acts provided in this code to be performed by the commissioner, the State Treasurer, or other public officials for or in respect to the deposit of securities by trust companies for the protection of court and private trusts shall be performed as well for or in respect to the deposit of securities by any association or the trust companies of any association organized or doing business under the laws of this state, or by any federal association authorized to transact a trust business. An association may advertise its authority to engage in and conduct a trust business and to advertise for and solicit a trust business in this state, notwithstanding any other provision of law.
(c)CA Financial Code § 6515(c) Pursuant to the authority contained in Section 1 of Article XV of the California Constitution, the restrictions upon rates of interest contained in Section 1 of Article XV of the California Constitution shall not apply to any obligations of, loans made by, or forbearances of, an association or federal association, or a service corporation which is authorized to exercise trust powers, when the association, federal association, or service corporation is acting in its fiduciary capacity as trustee.
(d)CA Financial Code § 6515(d) Subdivision (c) creates and authorizes an exempt class of persons pursuant to Section 1 of Article XV of the Constitution. Notwithstanding any other provision of law, subdivision (c) does not exempt an association, federal association, or a service corporation of such associations, from complying with all other laws and regulations governing the business in which the association, federal association, or service corporation is engaged.

Section § 6516

Explanation

This law allows an association, with certain regulations in place, to own or share ownership in remote service units. These units are not classified as branches or agencies.

(a)CA Financial Code § 6516(a) Subject to regulations issued by the commissioner, an association may own and use or participate in the use or ownership and use of remote service units.
(b)CA Financial Code § 6516(b) A remote service unit is not a branch or agency.

Section § 6517

Explanation

This law allows associations, like banks or credit unions, to use electronic systems to transfer money between savings account holders and other people or companies. This means they can move funds electronically without needing additional physical locations or branches to do so.

Subject to Regulation E (12 CFR Part 205) and to rules and regulations of the commissioner, an association may transfer funds between holders of savings accounts, and third parties, or their designees, by means of an electronic funds transfer system. No system or any part of it, including terminals or processing centers, shall of itself be considered a branch office or agency.

Section § 6518

Explanation

This law permits associations to offer and rent out safes, boxes, or other storage spaces for keeping personal items, under terms they agree upon with their clients. If they rent out safe-deposit boxes, they have legal remedies available to them, specifically as detailed starting in Section 1660 of another legal chapter. Additionally, they can deal with anything left unclaimed in these boxes according to established procedures.

(a)CA Financial Code § 6518(a) An association may maintain and rent safes, boxes, or other receptacles or premises for the safekeeping of personal property upon terms and conditions that may be agreed upon.
(b)CA Financial Code § 6518(b) An association that rents or otherwise makes safe-deposit boxes available to the public is entitled to all of the remedies set forth in Article 2 (commencing with Section 1660) of Chapter 13 of Division 1, and may dispose of the unclaimed contents of safe-deposit boxes in the manner set forth in that article.

Section § 6519

Explanation

This law allows a group or organization to sell money orders, travel checks, and other similar payment tools in California. They can either draw these tools from their own bank accounts or act as an agent to sell them for another organization that has permission to issue such tools through agents in the state.

An association may sell money orders, travel checks, and similar instruments drawn by it on its bank accounts or as agent for any organization empowered to sell the instruments through agents within this state.

Section § 6520

Explanation

This law states that an association or a service corporation can act as an agent for others, but cannot act as an insurance company or sell insurance on behalf of an insurance company.

If a savings and loan association holding company or a service corporation does act as an insurance agent, it must follow certain requirements outlined in the Insurance Code.

An association, service corporation, or a person authorized in writing by an association may act as an agent for others except that an association may not act as an insurer or transact insurance as agent for an insurer. Any savings and loan association holding company or any service corporation that acts as an agent of an insurer shall conform to the requirements of Section 7455 and Section 770.1 of the Insurance Code.

Section § 6521

Explanation

This law states that associations or service corporations are allowed to act as escrow agents when dealing with the sale, transfer, mortgage, or lease of real or personal property. However, if a subdivision of the association operates under a different name as an escrow agent, that name must be approved by the commissioner.

(a)CA Financial Code § 6521(a) Notwithstanding the provisions of Division 6 (commencing with Section 17000) or any other provision of law, an association or service corporation may act as an escrow agent in connection with the sale, transfer, encumbering or leasing of real or personal property.
(b)CA Financial Code § 6521(b) The name for any subdivision of an association operating as an escrow agent pursuant to this section, if different from the name of the association, shall be approved by the commissioner.

Section § 6522

Explanation

This section explains how associations can distribute dividends and other stock-related transactions. Before paying dividends in cash or property, associations must ensure they have enough earnings retained and meet statutory net worth requirements. Associations cannot distribute dividends if it would impair their financial standing. Stock splits are allowed and aren't considered dividends in this context. Permanent capital or paid-in surplus distributions need prior approval from a commissioner. If a shareholder knowingly receives an improper distribution, they're liable to pay it back to the association, and the commissioner can take action to recover the funds.

(a)CA Financial Code § 6522(a) An association that declares and pays dividends may distribute its own shares or may make payments in cash or property. Payment of cash or property shall be made only if there is a sufficient balance of unappropriated retained earnings which is that portion of income retained in the business since its organization or reorganization and which has not been appropriated or reserved for some specific purpose. Dividends shall not be distributed unless the association meets its required statutory net worth before and after that distribution. No dividends shall be paid if that payment would cause the association to be in an impaired condition.
(b)CA Financial Code § 6522(b) A stock split, as defined in Section 188 of the Corporations Code, and a reverse stock split, as defined in Section 182 of the Corporations Code, are authorized and shall not be construed to be dividends within the meaning of this section.
(c)CA Financial Code § 6522(c) Any distribution of permanent capital or paid in surplus shall require prior approval of the commissioner.
(d)CA Financial Code § 6522(d) Any shareholder who receives any distribution prohibited by this section with knowledge of facts indicating the impropriety thereof is liable to the association for the amount received. The commissioner may bring an action for the benefit of the association to recover the distribution from the shareholder.

Section § 6523

Explanation

This law section outlines how associations can advertise their services. They must ensure their advertisements are truthful and don't mislead people about their services or financial condition. The commissioner can require associations to submit their ads for review before they are released to the public. If the commissioner does not object within five days, the ad can be used. However, if the commissioner finds any ad misleading, the association must stop using it immediately.

(a)CA Financial Code § 6523(a) An association may use advertising, whether printed, broadcasted by radio, televised, displayed, or communicated in any other manner or make any representation that is accurate and does not misrepresent its services, contracts, investments, or financial condition.
(b)CA Financial Code § 6523(b) The commissioner may require an association to file a true copy of the text of any advertising in the office of the commissioner at least five days prior to its issuance, circulation, or publication. Advertising filed under this subdivision may be used upon the commissioner’s express approval or failure to disapprove it within five days of its filing.
(c)CA Financial Code § 6523(c) Associations shall not issue, circulate, or publish any advertising after notice in writing from the commissioner that in the commissioner’s opinion the advertising is inaccurate or misrepresents the association’s services, contracts, investments, or financial condition.

Section § 6524

Explanation

This law allows an association to create, manage, or give investment advice to an investment company, as well as sell securities of such a company, provided the company is authorized under California law. The law also requires that any association officers or employees involved in selling these securities must meet specific training and experience standards set by the Savings and Loan Commissioner. An 'investment company' in this context refers to the definition given by the Investment Company Act of 1940.

An association may organize, sponsor, operate, control, or render investment advice to, an investment company, or underwrite, distribute, or sell securities of any investment company which has qualified to sell its securities in this state pursuant to Part 2 (commencing with Section 25100) of Division 1 of Title 4 of the Corporations Code, if the officers and employees of the association who sell these securities meet such standards with respect to training experience, and sales practices as established by the Savings and Loan Commissioner. For the purpose of this section, “investment company” means an investment company as defined in the Investment Company Act of 1940 (15 U.S.C., Sec. 80a-1 et seq.).

Section § 6525

Explanation

This law allows associations, subsidiaries, or affiliates to submit fingerprints from directors, officers, employees, or job applicants to law enforcement to check for criminal records related to specific crimes like robbery or fraud. The Department of Justice and local agencies can provide criminal history information if requested properly, and if an individual's criminal record poses an unreasonable risk, employment can be denied. Requests require written consent and can incur fees. Information must remain confidential and only be used for its intended purpose. The term 'affiliate' denotes corporations related through control.

(a)CA Financial Code § 6525(a) Notwithstanding the provisions of Sections 1051, 1052, and 1054 of the Labor Code and Section 2947 of the Penal Code, an association, a subsidiary or affiliate of an association, or any officer or employee thereof may deliver fingerprints taken of a director, an officer, an employee, or an applicant for employment to local, state, or federal law enforcement agencies for the purpose of obtaining information as to the existence and nature of a criminal record, if any, of the person fingerprinted relating to convictions, and to any arrest for which that person is released on bail or on his or her own recognizance pending trial, for the commission or attempted commission of a crime involving robbery, burglary, theft, embezzlement, fraud, forgery, bookmaking, receiving stolen property, counterfeiting, or involving checks or credit cards or using computers.
(b)CA Financial Code § 6525(b) The Department of Justice shall, pursuant to Section 11105 of the Penal Code, and a local agency may pursuant to Section 13300 of the Penal Code, furnish to the officer of the association or subsidiary or affiliate thereof responsible for the final decision regarding employment of the person fingerprinted, or to his or her designees having responsibilities for personnel or security decisions in the usual scope and course of their employment with the association, subsidiary, or affiliate summary criminal history information when requested pursuant to this section. If, upon evaluation of the criminal history information received pursuant to this section, the association, subsidiary, or affiliate determines that employment of the person fingerprinted would constitute an unreasonable risk to the association, subsidiary, or affiliate or its customers, the person fingerprinted may be denied employment.
(c)CA Financial Code § 6525(c) A request for records pursuant to this section made of the Department of Justice shall be on a form approved by the department. The department may charge a fee to be paid by the requesting association, subsidiary, or affiliate pursuant to subdivision (e) of Section 11105 of the Penal Code. No request shall be submitted without the written consent of the person fingerprinted.
(d)CA Financial Code § 6525(d) Any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(e)CA Financial Code § 6525(e) “Affiliate,” as used in this section, means any corporation controlling, controlled by, or under common control with, a savings association, whether directly, indirectly, or through one or more intermediaries.

Section § 6525.5

Explanation

This law states that anyone convicted of a crime involving dishonesty or a breach of trust is not allowed to be involved with the workings of a savings association without getting written permission from the commissioner first. This applies to any sort of involvement, whether direct or indirect.

Savings associations are also prohibited from allowing such individuals to get involved in any capacity unless they have the commissioner's prior approval.

Except with the prior written consent of the commissioner:
(a)CA Financial Code § 6525.5(a) No person who has been convicted of any criminal offense involving dishonesty or breach of trust may participate, directly or indirectly, in any manner in the conduct of the affairs of a savings association.
(b)CA Financial Code § 6525.5(b) A savings association shall not permit any person who has been convicted of any criminal offense involving dishonesty or breach of trust to participate, directly or indirectly, in any manner in the conduct of the affairs of the savings association.

Section § 6526

Explanation

An association in California can issue letters of credit, which are commercial guarantees for payment, following specific rules. They must follow the Uniform Commercial Code or the Uniform Customs and Practice for Documentary Credits Act. The letter of credit must clearly state it's a letter of credit, have a set expiration date or term, and a limited amount. To fulfill the letter's promise, specific documents need to be shown, not based on actual performance of the agreement. The person who requested the letter (account party) must repay what the association pays out. If the association advances money without getting paid back right away, this counts as a loan and must meet certain rules about credit limits.

An association may issue commercial and standby letters of credit in conformance with the Uniform Commercial Code or the Uniform Customs and Practice for Documentary Credits Act and may pledge collateral to secure its obligations thereunder. Except as otherwise provided by regulations of the commissioner, such issuance shall be subject to the following requirements:
(a)CA Financial Code § 6526(a) Each letter of credit must conspicuously state that it is a letter of credit.
(b)CA Financial Code § 6526(b) The issuer’s undertaking must contain a specified expiration date or be for a definite term, and must be limited in amount.
(c)CA Financial Code § 6526(c) The issuer’s obligation to pay must be solely dependent upon the presentation of conforming documents as specified in the letter of credit, and not upon the factual performance or non-performance by the parties to the underlying transaction.
(d)CA Financial Code § 6526(d) The account party must have an unqualified obligation to reimburse the issuer for payments made under the letter of credit.
To the extent funds are advanced under a letter of credit without compensation from the account party, the amount shall be treated as an extension of credit subject to percentage of assets limits and other requirements under an applicable provision of this division.

Section § 6527

Explanation

This section allows an association to choose which specific section of the law they are making a loan or investment under when more than one option is available. It also permits them to divide that loan or investment across different categories or move it between categories as needed.

If a loan or other investment is authorized under more than one section of this division an association may designate under which section the loan or investment has been made. Such a loan or investment may be apportioned among appropriate categories, and may be moved, in whole or in part, from one category to another.

Section § 6528

Explanation

This law allows associations, like banks or credit unions, to offer services to other financial institutions as long as they follow existing laws. They can keep a non-interest-bearing account at another bank if it relates to their work with another financial institution. They can also accept non-interest-bearing deposits from these institutions for various operational reasons, and these deposits can be withdrawn at any time. However, these deposits do not give the institution any voting rights in the association.

An association may provide correspondent services primarily to other depository institutions to the extent that the activity does not violate other provisions of law.
(a)CA Financial Code § 6528(a) An association may maintain a noninterest-bearing account at any institution at which accounts are insured by the Federal Deposit Insurance Corporation, if the account is necessary or incidental to a correspondent relationship.
(b)CA Financial Code § 6528(b) An association may receive non-interest-bearing deposits from correspondent institutions for use as compensating balances, for settlement purposes, or for other purposes incidental to a correspondent relationship. These deposits may be payable on demand and subject to withdrawal by negotiable or transferable instrument, order, or authorization. These deposits shall not give rise to voting rights of membership in a state mutual association.

Section § 6529

Explanation

This law prevents anyone connected to a savings association from receiving any kind of payment or compensation related to arranging loans from that association or its subsidiaries.

It also prohibits savings associations from giving or anyone accepting kickbacks or compensations for referring business related to real estate loan closings. Additionally, no one should share fees from real estate closing services unless services are actually performed. Real estate closing services include things like title searches, title insurance, document preparation, property surveys, and pest inspections.

(a)CA Financial Code § 6529(a) No affiliated person of a savings association may receive, either directly or indirectly, from the association, a subsidiary thereof, or any other source any fee or other compensation of any kind in connection with the procurement of a loan from that association or subsidiary.
(b)CA Financial Code § 6529(b) No savings association shall give and no person shall accept any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a real estate closing service shall be referred to any person by the savings association or by a subsidiary or affiliated person thereof, in connection with any loan on real property made by a savings association or subsidiary thereof.
(c)CA Financial Code § 6529(c) Other than for services actually performed, no person shall give and no savings association or subsidiary or affiliated person thereof shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate closing service in connection with a transaction involving a loan on real property made by a savings association or subsidiary thereof.
(d)CA Financial Code § 6529(d) For purposes of subdivisions (b) and (c), “real estate closing service” includes any service provided in connection with the execution of a real estate escrow transaction, including, but not limited to, title searches, title examinations, the provision of title reports, title insurance, services rendered by an attorney, the preparation of documents, property surveys, the rendering of credit reports or appraisals, pest and fungus inspections, services rendered by a real estate licensee, and the handling of the processing.

Section § 6530

Explanation

This law section protects employees of savings associations from being fired or discriminated against if they report potential legal violations by the association or its staff. If an employee believes they were wrongfully dismissed or discriminated against, they can file a lawsuit within two years and must notify the commissioner. If the court finds a violation occurred, it can require the employer to hire the employee back, pay damages, or take other corrective actions. However, these protections do not cover employees who were complicit in the legal violations or who knowingly provide false information to authorities.

(a)CA Financial Code § 6530(a) No savings association may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the commissioner, the Attorney General, or any district attorney regarding a possible violation of any law or regulation by the savings association or any of its officers, directors, or employees.
(b)CA Financial Code § 6530(b) Any employee or former employee who believes he or she has been discharged or discriminated against in violation of subdivision (a) may file a civil action in superior court before the close of the 2-year period beginning on the date of that discharge or discrimination. The plaintiff shall also file a copy of the complaint initiating the civil action with the commissioner.
(c)CA Financial Code § 6530(c) If the court determines that a violation of subdivision (a) has occurred, it may order the association which committed the violation to do any of the following:
(1)CA Financial Code § 6530(c)(1) Reinstate the employee to his or her former position.
(2)CA Financial Code § 6530(c)(2) Pay compensatory damages.
(3)CA Financial Code § 6530(c)(3) Take other appropriate actions to remedy any past discrimination.
(d)CA Financial Code § 6530(d) The protections of this section shall not apply to any employee who does either of the following:
(1)CA Financial Code § 6530(d)(1) Deliberately causes or participates in the alleged violation of law or regulation.
(2)CA Financial Code § 6530(d)(2) Knowingly or recklessly provides substantially false information to the commissioner, the Attorney General, or any district attorney.