Section 16607 Of Article 6. Conduct Of Credit Union Business From California Financial Code >> Division 5. >> Chapter 12. >> Article 6.
16607
. (a) In this section:
(1) "Adjusted liabilities," when used with respect to a foreign
(other nation) credit union that is licensed to maintain a branch
office, means the liabilities of the foreign (other nation) credit
union's business in this state, excluding (A) accrued expenses, (B)
any liability to an office (whether in or outside of this state) or
majority-owned subsidiary of the foreign (other nation) credit union,
and (C) other liabilities as the commissioner may by regulation or
order exclude.
(2) "Eligible assets" means any asset which the commissioner by
regulation or order determines to be eligible for purposes of this
section. However, "eligible asset," when used with respect to a
foreign (other nation) credit union that is licensed to maintain a
branch office, includes any asset which the foreign (other nation)
credit union maintains on deposit pursuant to Section 16606.
(b) For purposes of this section, the amount of eligible assets
and the amount of adjusted liabilities of a foreign (other nation)
credit union that is licensed to maintain a branch office each be
computed for the period of time and in the manner as the commissioner
may by regulation or order prescribe.
(c) A foreign (other nation) credit union licensed to maintain a
branch office shall hold at its branch offices in this state or at
any other place as the commissioner may approve, eligible assets in
the amount, if any, as the commissioner may from time to time by
regulation or order determine to be necessary for the maintenance of
sound financial condition, for the protection of the interests of
creditors of the foreign (other nation) credit union's business in
this state, or for the protection of the public interest. However, in
no event shall the amount exceed 108 percent of the adjusted
liabilities of the foreign (other nation) credit union's business in
this state.
(d) If the commissioner finds, with respect to a foreign (other
nation) credit union licensed to maintain a branch office in this
state, that the action is necessary for the maintenance of sound
financial condition, for the protection of the interests of creditors
of the foreign (other nation) credit union's business in this state,
or for the protection of the public interest, the commissioner may
order the foreign (other nation) credit union to place all or part of
the eligible assets which the foreign (other nation) credit union is
required to hold under subdivision (c) in the custody of a bank
organized under the laws of this state or a national bank
headquartered in this state as the commissioner may designate, and
such assets shall be subject to the order of the commissioner.