Section 1250 Of Chapter 7. Acquisition Of Control From California Financial Code >> Division 1.1. >> Chapter 7.
1250
. Unless the context otherwise requires, in this chapter:
(a) "Bank" means a bank organized under the laws of this state.
(b) "Control" means possession, direct or indirect, of the power:
(1) To vote 25 percent or more of any class of the voting
securities issued by a person; or
(2) To direct or cause the direction of the management and
policies of a person, whether through the ownership of voting
securities, by contract (other than a commercial contract for goods
or nonmanagement services), or otherwise; provided, however, that no
individual shall be deemed to control a person solely on account of
being a director, officer, or employee of such person.
For purposes of paragraph (2) of this subdivision, a person who,
directly or indirectly, owns, controls, holds with the power to vote,
or holds proxies representing, 10 percent or more of the then
outstanding voting securities issued by another person is presumed to
control such other person.
For purposes of this chapter, the commissioner may determine
whether a person in fact controls another person.
(c) "Controlling person" means a person who, directly or
indirectly, controls a bank.
(d) "Person" means an individual, a corporation, an association, a
syndicate, a partnership, a limited liability company, a business
trust, an estate, a trust, or an organization of any kind, or any
combination of any of the foregoing acting in concert.
(e) "Shareholder" means:
(1) In the case of a corporation, a holder of a share of any class
or series.
(2) In the case of a nonprofit or charitable corporation, an
unincorporated association, or a syndicate, a member.
(3) In the case of a partnership, a partner.
(4) In the case of a business trust, an estate, or a trust, a
holder of a beneficial interest.
(5) In the case of an organization of any other kind, a holder of
an ownership interest.