Section § 8030

Explanation

This law requires savings associations operating in California to pay an annual fee in advance. This fee helps cover the costs and expenses of the state's regulatory department that oversees savings associations. The amount each association pays is their portion of the total operating costs, as estimated by the commissioner for the next year. Even foreign savings associations doing business in California must pay this fee if they have approval from the commissioner.

(a)CA Financial Code § 8030(a) To meet the operating costs and expenses of the department in administering this division and other laws relating to savings associations or the savings association business, for the payment of which no provision is otherwise made, the commissioner shall require each association doing business in this state to pay in advance an annual assessment for its pro rata share of all operating costs and expenses as estimated by the commissioner for the ensuing year.
(b)CA Financial Code § 8030(b) As used in this article, “association” includes a foreign savings association doing business in this state under an approval issued by the commissioner.

Section § 8031

Explanation

In simple terms, this law explains how the operating costs for an association are divided among its members. The commissioner will decide the exact amount each association member has to pay. The total amount collected from all members should not be more than the budget planned for the next fiscal year, plus a bit extra for unexpected expenses.

The proportion of operating costs and expenses to be assessed against each association shall be determined and prescribed by the commissioner by regulation. The total amount assessed for all associations, together with any existing surplus, shall not exceed the amount of the budget for the ensuing fiscal year plus a reasonable reserve for contingencies.

Section § 8032

Explanation

Every year, by June 20th, the commissioner sends a letter to each association telling them how much they owe in assessments. The association must pay at least half by July 10th and the rest by January 10th the following year. If they don't pay on time, they face a 5% penalty each month the payment is late.

(a)CA Financial Code § 8032(a) On or before the 20th day of June of each year the commissioner shall notify each association by mail of the amount assessed and levied against it.
(b)CA Financial Code § 8032(b) Except as provided in this article, an association shall pay one-half or more of the amount assessed so as to be received by the commissioner not later than the 10th day of July and shall pay the remainder so as to be received by the commissioner not later than the following 10th day of January.
(c)CA Financial Code § 8032(c) If payment is not received by the commissioner on time, the commissioner shall assess and collect in addition to the annual assessment, a penalty of 5 percent of the unpaid assessment for each month or part of a month that the payment is delinquent.

Section § 8033

Explanation

If an organization stops being a group due to a merger, consolidation, conversion, or asset acquisition, it must pay any missed payments for the fiscal year ending June 30 before the deal happens. This payment must be made to get the necessary approval for the transaction from the commissioner.

If an association ceases to be an association by reason of merger, consolidation, conversion, acquisition of assets, or a similar type of transaction, any unpaid assessment for the fiscal year ended June 30 in which the conversion, merger, or acquisition occurs shall be due and payable on or before the day preceding the date of the conversion, merger, or acquisition. Payment of the unpaid assessment under this section shall be a condition of approval of any transaction requiring the commissioner’s approval.

Section § 8034

Explanation

If a new domestic association is created during the fiscal year, it will still have to pay an initial fee, calculated as if it had existed before June 20th of the previous fiscal year. However, the fee is adjusted based on the association's assets when it receives its certificate of authority. If the certificate isn't issued in July, the fee decreases by one-twelfth for each full month that has passed since the fiscal year started and is due immediately when the certificate is issued.

Regardless of these adjustments, the association must pay at least $500 for the remainder of the fiscal year after its formation.

(a)CA Financial Code § 8034(a) If a new domestic association is formed during a fiscal year, the initial assessment provided for by this article shall be computed on the same basis as if such new association had been an association and assessed on or before the 20th day of June in the fiscal year preceding the initial assessment except that the initial assessment shall be based on the assets of the new association at the time of issuance of its certificate of authority and, except as provided in subdivision (b), the assessment shall be reduced, if the certificate of authority is not issued in July, by one-twelfth for each full month of the fiscal year which has expired at the time of issuance of the certificate of authority and shall be payable in full on the date of issuance.
(b)CA Financial Code § 8034(b) In the levy and collection of an assessment under this article, no association shall be assessed for, or be permitted to pay less than five hundred dollars ($500) for the unexpired portion of the fiscal year in which the domestic association is formed.

Section § 8035

Explanation

This law section states that when a domestic association plans to acquire the assets of a federal association or a bank (state or national), the initial assessment (a kind of financial evaluation) is done as if the federal association or bank was already an assessed entity as of June 20th of the previous fiscal year. The assessment is based on the assets reported by the association or bank to relevant authorities prior to this date. If the certificate of authority (which is necessary for the acquisition) isn’t issued in July, the assessment amount is reduced by one-twelfth for each month of the fiscal year that has passed. The full assessment amount is due once the certificate is issued.

If any domestic association proposes to acquire the assets of any federal association or any state or national bank by transfer, conversion, or otherwise, the initial assessment provided for by this article shall be computed on the same basis as if the federal association or state or national bank had been an association and assessed on or before the 20th day of June in the fiscal year preceding the initial assessment, except that the initial assessment shall be based on the assets of the federal association or of the state or national bank, as shown by the institution’s report to the Office of Thrift Supervision, the commissioner, or the Comptroller of the Currency, respectively, next preceding the 20th day of June in the fiscal year preceding the initial assessment and the assessment shall be reduced, if the certificate of authority is not issued in July, by one-twelfth for each full month of the fiscal year which has expired at the time of the issuance of the certificate of authority and shall be payable in full on the date of issuance.

Section § 8035.5

Explanation

This section of the law states that the Savings Association Special Regulatory Fund is being changed into a separate account within the Financial Institutions Fund, now called the Savings and Loan Account.

All the money, assets, and obligations that were part of the original fund will move over to this new account.

As of the operative date of this section:
(a)CA Financial Code § 8035.5(a) The Savings Association Special Regulatory Fund is converted into a separate account in the Financial Institutions Fund and designated as the Savings and Loan Account.
(b)CA Financial Code § 8035.5(b) All moneys and other assets and all liabilities of the Savings Association Special Regulatory Fund shall be transferred to the Savings and Loan Account.

Section § 8036

Explanation

The money collected by the commissioner related to savings associations, except for funds from associations under the commissioner's control, must be deposited with the State Treasurer. These funds are credited to the Savings and Loan Account within the Financial Institutions Fund.

All money collected or received by the commissioner under this division or any other law relating to savings associations or the savings association business, except money belonging to associations whose business property and assets are in the possession of the commissioner, shall be deposited with the State Treasurer to the credit of the Savings and Loan Account in the Financial Institutions Fund.

Section § 8037

Explanation

This law states that all expenses related to the department's management of savings associations or savings association businesses must be paid from the Savings and Loan Account. This account is designated solely for these purposes unless exceptions are noted in other specified sections.

All expenses of the department in administering the division and other laws relating to savings associations or to the savings association business shall be paid by the Savings and Loan Account; and, except as otherwise provided in Section 276 or 277, and the Savings and Loan Account shall be used only for such purposes.