Section 1254 Of Chapter 7. Acquisition Of Control From California Financial Code >> Division 1.1. >> Chapter 7.
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. If the commissioner finds, with respect to the proposed
acquisition of control of a bank or a controlling person, that any of
the factors set forth in subdivisions (a) to (g), inclusive, is
true, he or she shall deny the application. If the commissioner finds
that none of such factors is true, he or she shall approve the
application.
(a) That the proposed acquisition of control would result in a
monopoly or would be in furtherance of any combination or conspiracy
to monopolize or to attempt to monopolize the business of banking in
any part of this state;
(b) That the effect of the proposed acquisition of control in any
section of the state may be substantially to lessen competition or to
tend to create a monopoly or that the proposed acquisition of
control would in any other manner be in restraint of trade, and that
the anticompetitive effects of the proposed acquisition of control
are not clearly outweighed in the public interest by the probable
effect of the transaction in meeting the convenience and needs of the
community to be served;
(c) That the financial condition of any acquiring person is such
as might jeopardize the financial stability of the bank or the
controlling person, or prejudice the interests of the depositors,
creditors, or shareholders of the bank or the controlling person;
(d) That plans or proposals to liquidate the bank or the
controlling person, to sell the assets of the bank or the controlling
person, to merge or consolidate the bank or the controlling person,
or to make any other major change in the business, corporation
structure or management of the bank or the controlling person are not
fair and reasonable to the depositors, creditors, and shareholders
of the bank or the controlling person;
(e) That the competence, experience, or integrity of any acquiring
person indicates that it would not be in the interest of the
depositors, creditors, or shareholders of the bank or the controlling
person or in the interest of the public to permit such person to
control the bank or the controlling person;
(f) That the proposed acquisition is unfair, unjust, or
inequitable to the bank or the controlling person or to the
depositors, creditors, or shareholders of the bank or the controlling
person; or
(g) That the applicant neglects, fails, or refuses to furnish to
the commissioner all the information required by the commissioner.