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Article 1. General Provisions of California Financial Code >> Division 1.1. >> Chapter 15. >> Article 1.
Chapter 15 (commencing with Section 1530) is a restatement of
Division 7 (commencing with Section 18000) as that division pertains
to the licensing and regulation of industrial banks and to the
insurance of deposits of industrial banks. Chapter 15 is a
continuation, simplification, and recodification of the licensing and
regulation of deposit-taking industrial banks.
(a) Any reference in a provision of any statute or regulation
of this state to banks or commercial banks includes industrial
banks.
(b) Subdivision (a) does not apply in any of the following cases:
(1) In case the provision or a related provision expressly provides otherwise.
(2) In the case of any provision of Division 1.6 (commencing with Section 4800) or this division.
(b) Subdivision (a) does not apply in any of the following cases:
(1) In case the provision or a related provision expressly provides otherwise.
(2) In the case of any provision of Division 1.6 (commencing with Section 4800) or this division.
The Industrial Loan Account of the Financial Institutions
Fund is renamed to be the Industrial Bank Account.
(a) The commissioner shall annually levy on and collect from
industrial banks authorized to transact industrial banking business
in this state, pro rata on the basis of total assets, an assessment
in a total amount that is sufficient in the commissioner's judgment
to (1) meet the expenses of the department in administering laws
relating to industrial banks or to the industrial banking business
that are not otherwise provided for and (2) provide a reasonable
reserve for contingencies.
(b) The amount of the annual assessment on any industrial bank authorized to transact the industrial banking business shall be the greater (1) five thousand dollars ($5,000) or (2) the sum of the products determined by multiplying (A) increments of the bank's or trust company's total assets by (B) percentages of the base assessment rate according to the following table:
(b) The amount of the annual assessment on any industrial bank authorized to transact the industrial banking business shall be the greater (1) five thousand dollars ($5,000) or (2) the sum of the products determined by multiplying (A) increments of the bank's or trust company's total assets by (B) percentages of the base assessment rate according to the following table:
Total
Assets
(In Percentage of Base
Millions) Assessment Rate
First $2 ................. 100.0
Next $18 ................. 50.0
Next $80 ................. 12.0
Next $100 ................ 6.25
Next $800 ................ 6.0
Next $1,000 .............. 4.0
Next $4,000 .............. 3.5
Next $14,000 ............. 3.0
Next $20,000 ............. 2.5
Excess over $40,000 ...... 1.5
(c) (1) For purposes of the annual assessment, the total assets of
an industrial bank authorized to transact industrial banking
business shall be determined as of a date fixed by the commissioner.
However, if an industrial loan company is not authorized to transact
industrial banking business as of that date but is so authorized as
of the date when the annual assessment is levied, its total assets
for purposes of the annual assessment shall be determined as of the
date of the levy.
(2) (A) In determining for purposes of the annual assessment on the total assets of industrial banks that are authorized to transact industrial banking business and that have one or more foreign (other state) branch offices or facilities, the assets of the foreign (other state) branch offices and facilities shall be excluded from total assets. However, the commissioner may order the assets of foreign (other state) branch offices and facilities to be included in total assets if and to the extent that it is necessary or advisable in the commissioner's judgment to (i) meet the expenses of the department on account of foreign (other state) branch offices and facilities that are not otherwise provided for and (ii) provide a reasonable reserve for contingencies.
(B) If the commissioner finds that an industrial bank authorized to transact industrial banking business allocated any asset to a foreign (other state) branch office or facility for the purpose, in whole or in part, of reducing its annual assessment, the commissioner may, for purposes of calculating the annual assessment on the industrial bank, reallocate the asset to the industrial bank's head office.
(d) The base assessment rate for each annual assessment shall be fixed by the commissioner but shall not exceed two dollars and twenty cents ($2.20) per one thousand dollars ($1,000) of total assets.
(2) (A) In determining for purposes of the annual assessment on the total assets of industrial banks that are authorized to transact industrial banking business and that have one or more foreign (other state) branch offices or facilities, the assets of the foreign (other state) branch offices and facilities shall be excluded from total assets. However, the commissioner may order the assets of foreign (other state) branch offices and facilities to be included in total assets if and to the extent that it is necessary or advisable in the commissioner's judgment to (i) meet the expenses of the department on account of foreign (other state) branch offices and facilities that are not otherwise provided for and (ii) provide a reasonable reserve for contingencies.
(B) If the commissioner finds that an industrial bank authorized to transact industrial banking business allocated any asset to a foreign (other state) branch office or facility for the purpose, in whole or in part, of reducing its annual assessment, the commissioner may, for purposes of calculating the annual assessment on the industrial bank, reallocate the asset to the industrial bank's head office.
(d) The base assessment rate for each annual assessment shall be fixed by the commissioner but shall not exceed two dollars and twenty cents ($2.20) per one thousand dollars ($1,000) of total assets.
