Section § 8150

Explanation

This law requires all associations, savings and loan holding companies, and specific subsidiaries to submit an annual report to the commissioner by the end of January or within 30 days after their fiscal year ends. The format of the report is determined by the commissioner, and it must be confirmed by an authorized officer as accurate.

(a)CA Financial Code § 8150(a) On or before the last day of January in each year, or within 30 days following the end of the fiscal year, each association, savings and loan holding company, and those subsidiaries of an association or savings and loan holding company that the commissioner may require, shall make an annual written report to the commissioner, in a format to be prescribed by the commissioner.
(b)CA Financial Code § 8150(b) Each report shall be verified by an authorized officer.

Section § 8151

Explanation

If you're part of a savings and loan company or its subsidiary in California, you need to file an annual report. Additionally, the commissioner can ask for more reports whenever they want. These extra reports have to be in a specific format, submitted by a certain date, and may need to be verified just like the annual report.

Each association, savings and loan holding company and subsidiary of any association or savings and loan holding company that is required to file an annual report under Section 8150 also shall make any other reports that the commissioner may from time to time require, which shall be in a format and filed on a date that the commissioner may prescribe and shall, if required by the commissioner, be verified in the same manner as the annual report.

Section § 8152

Explanation

The law allows the commissioner to inspect the activities and finances of any savings and loan association, their offices, and related companies without giving any prior notice. This can happen both within the state and outside of it.

From time to time the commissioner may, without previous notice, examine or cause an examination to be made into the affairs of each association, and any office of the association within or outside this state, savings and loan holding company and subsidiary of any association or savings and loan holding company subject to this division.

Section § 8153

Explanation

This law allows the commissioner to accept reports or examinations of financial institutions done by other authorities or accountants instead of conducting their own under certain sections. It also mentions that these examinations can be done alongside federal authorities supervising financial institutions.

(a)CA Financial Code § 8153(a) In lieu of a report or an examination under Section 8150 or 8152, the commissioner may accept any report made to, or examination made by, a federal or state authority that supervises financial institutions, or by a certified or other public accountant or firm of certified or other public accountants selected by the association and approved by the commissioner.
(b)CA Financial Code § 8153(b) An examination under Section 8152 may be conducted in conjunction with an examination by a federal authority that supervises financial institutions.

Section § 8154

Explanation

If a savings association or its related companies are in a condition that requires special attention, the commissioner can conduct extra examinations or audits. The commissioner might also hire a CPA or expert for this purpose.

The company being examined may have to pay for these additional efforts, covering any costs the commissioner or hired professionals incur.

(a)CA Financial Code § 8154(a) Whenever, in the judgment of the commissioner, the condition of any association, savings and loan holding company, or any of their subsidiaries renders it necessary or expedient to make an extra examination or audit or to devote any extraordinary attention to its affairs, the commissioner shall do so or may appoint a certified public accountant or any expert to do so.
(b)CA Financial Code § 8154(b) The association, savings and loan holding company, or subsidiary specially examined under this section may be required to pay the actual expenses incurred by the commissioner for all extra services rendered by the commissioner, by the appointed accountant, or any expert.

Section § 8155

Explanation

This law section allows the commissioner to order appraisals of real estate or property that an association or its subsidiary owns or uses to secure its assets during audits or examinations. These appraisals can be conducted by a department appraiser or an independent appraiser chosen by the commissioner. The association or subsidiary must promptly pay for these appraisals. A copy of the appraisal report must be given to the association or subsidiary within 60 days after the appraisal is complete.

(a)CA Financial Code § 8155(a) The commissioner is authorized in connection with any examination or audit of any association or any subsidiary to cause to be made appraisals of real estate or other property held by it or securing its assets.
(b)CA Financial Code § 8155(b) Unless otherwise ordered by the commissioner, appraisal of real estate or other property in connection with any examination or audit pursuant to this article shall be made by a department appraiser or by an independent professional appraiser employed or selected by the commissioner, and the cost of the appraisal promptly shall be paid by the association or subsidiary to the commissioner or directly to the appraiser upon receipt by it of a statement of cost bearing the written approval of the commissioner.
(c)CA Financial Code § 8155(c) A copy of the report of each appraisal caused to be made by the commissioner pursuant to this section shall be furnished to the association or subsidiary within a reasonable time, not to exceed 60 days, following the completion of the appraisals.

Section § 8156

Explanation

This law requires savings associations to have their books and accounts audited at least once a year by a certified public accountant, chosen by the association and approved by the commissioner. The date and period for the audit need the commissioner's written approval before starting the audit.

The savings association must give the accountants copies of the most recent condition report and examination report. Additionally, they must provide any supervisory memorandums or agreements with regulatory bodies and reports of certain actions taken under specific federal and state laws regarding penalties or regulations.

(a)CA Financial Code § 8156(a) Each association shall at least annually cause its books and accounts to be audited at its own expense by a certified public accountant or firm of certified public accountants selected by the association and approved by the commissioner.
(b)CA Financial Code § 8156(b) The annual audit date and audit period shall be approved in writing by the commissioner prior to commencement of the audit.
(c)CA Financial Code § 8156(c) Each savings association which engages certified public accountant services for any audit shall transmit to the accountant or accountants copies of the most recent report of condition made by the association pursuant to state or federal law and a copy of the most recent report of examination received by the savings association.
(d)CA Financial Code § 8156(d) In addition to the copies of the reports required to be provided pursuant to subdivision (c), each savings association shall provide the auditing accountant or accountants with all of the following:
(1)CA Financial Code § 8156(d)(1) A copy of any supervisory memorandum of understanding with the association and any written agreement between the association and any federal financial regulatory agency or the commissioner which is in effect during the period covered by the audit.
(2)CA Financial Code § 8156(d)(2) A report of any action initiated or taken pursuant to subdivisions (a), (b), (c), (e), (g), (i), or (s) of Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), and a report of any action taken by the commissioner pursuant to Section 8200 or 8201, or any other civil monetary penalty assessed under any provision of law with respect to the savings association or any institution-affiliated party.

Section § 8157

Explanation

This law section says that the commissioner has the power to set the rules for yearly financial audits and may ask for more details if needed. Every year, within 90 days after the audit period ends, associations must provide the commissioner with five copies of their financial statements. These financial statements must include specific information as outlined in the commissioner's regulations and must be signed and certified by the auditor.

(a)CA Financial Code § 8157(a) The commissioner may prescribe the scope of the annual audit and may require the auditor to furnish information in addition to that contained in the audit report.
(b)CA Financial Code § 8157(b) Each association shall furnish the commissioner annually, within 90 days after the end of the period covered by the audit, five copies of the financial statements, which shall be accompanied by a report signed by the auditor, prepared and containing the information prescribed in regulations of the commissioner. The financial statements shall be certified by the auditor.

Section § 8158

Explanation

This law gives the commissioner and authorized employees the authority to access all books and records of associations, savings and loan holding companies, and their subsidiaries, to ensure proper oversight of their business activities. They can also summon witnesses and require documents during investigations related to these entities' affairs and conditions. If necessary, they can obtain these documents through a court order if they aren't produced voluntarily. This authority extends even when these entities are in conservatorship or receivership.

(a)CA Financial Code § 8158(a) The commissioner, or any department employee authorized by the commissioner, shall have free access to all books and records of an association, savings and loan holding company, and any of their subsidiaries that relate to the business of the association, holding company, or subsidiary, and to the books and records kept by any officer, agent, or employee that relate to the business of the association, holding company, or subsidiary.
(b)CA Financial Code § 8158(b) The commissioner, or any department employee authorized by the commissioner, may summon witnesses and administer oaths or affirmations in the examination of the directors, officers, agents, or employees of any association, savings and loan holding company, any of their subsidiaries, or any other person, in relation to their affairs, transactions, and conditions, and may require and compel the production of records, books, papers, contracts, or other documents by court order, if not voluntarily produced.
(c)CA Financial Code § 8158(c) This section applies to all parties designated in subdivisions (a) and (b) when an association is placed in conservatorship or receivership.

Section § 8159

Explanation

If a department needs to examine or appraise a company outside of California, that company must cover both the reasonable fees and actual travel expenses of the department carrying out the examination.

For each department examination or appraisal made outside this state, a reasonable fee and the actual traveling expenses incurred shall be paid to the department by the association, savings and loan holding company, or subsidiary so examined.

Section § 8160

Explanation

This law states that if an association, savings and loan holding company, or their subsidiaries don't report certain required information on time to the commissioner, they could face penalties. If the failure to report is due to an unintentional error and procedures are in place to avoid such errors, the penalty is up to $2,000 per day until corrected. If there was no such error, the penalty increases to $20,000 per day. If false information was given knowingly or recklessly, the penalty can be up to $1,000,000 or 1% of the institution's total assets per day, whichever is less. Penalties are collected as described in another state law section.

If an association, savings and loan holding company, or any subsidiary of an association or savings and loan holding company fails to report to the commissioner as required by this article, the commissioner may impose penalties in accordance with the following:
(a)CA Financial Code § 8160(a) Any association, savings and loan holding company, or any subsidiary of an association or savings and loan holding company which (1) maintains procedures reasonably adapted to avoid any inadvertent error and, unintentionally and as a result of such an error (A) fails to make, obtain, transmit, or publish any report or information required by the commissioner by the due date set forth in this article or, if no due date is set forth in this article, the date specified by the commissioner, or (B) submits or publishes any false or misleading report or information or (2) inadvertently transmits or publishes any report which is minimally late, shall be subject to a civil penalty of not more than two thousand dollars ($2,000) for each day during which the failure continues or the false or misleading information is not corrected. The association, savings and loan holding company, or subsidiary of an association or savings and loan holding company shall have the burden of proving that an error was inadvertent and that a report was inadvertently transmitted or published late.
(b)CA Financial Code § 8160(b) Any association, savings and loan holding company, or any subsidiary of an association or savings and loan holding company which (1) fails to make, obtain, transmit, or publish any report or information required by the commissioner by the due date set forth in this article or, if no due date is set forth in this article, the date specified by the commissioner or (2) submits or publishes any false or misleading report or information, in a manner not described in subdivision (a) shall be subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each day during which the failure continues or the false and misleading information is not corrected.
(c)CA Financial Code § 8160(c) Any association, savings and loan holding company, or any subsidiary of an association or savings and loan holding company which knowingly or with reckless disregard for the accuracy of any information or report subject to this section submits or publishes any false or misleading report or information, shall be subject to a civil penalty of not more than one million dollars ($1,000,000) or 1 percent of total assets of the savings institution, whichever is less, per day for each day during which the false or misleading information is not corrected.
(d)CA Financial Code § 8160(d) Any penalty imposed under subdivisions (a), (b), or (c) shall be assessed and collected by the commissioner in the same manner as provided in Section 5330.