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Article 2. Definitions of California Financial Code >> Division 1.6. >> Chapter 1. >> Article 2.
Subject to additional definitions contained in this
division that are applicable to specific provisions of this division
and unless the context otherwise requires:
(a) The definitions in this article apply throughout this division.
(b) The definitions in Chapter 1 (commencing with Section 99) of Division 1 and in Section 1750 apply throughout this division. For this purpose, "this division," as used in Sections 139 and 141, means:
(1) In the case of a California state bank, Division 1 (commencing with Section 99), Division 1.1 (commencing with Section 1000), and this division.
(2) In the case of a California state savings association, this division and Division 2 (commencing with Section 5000).
(a) The definitions in this article apply throughout this division.
(b) The definitions in Chapter 1 (commencing with Section 99) of Division 1 and in Section 1750 apply throughout this division. For this purpose, "this division," as used in Sections 139 and 141, means:
(1) In the case of a California state bank, Division 1 (commencing with Section 99), Division 1.1 (commencing with Section 1000), and this division.
(2) In the case of a California state savings association, this division and Division 2 (commencing with Section 5000).
(a) In this division, "bank" means a commercial bank or
trust company (other than an industrial loan company authorized to
engage in trust business). "Bank" does not include an industrial loan
company.
(b) Notwithstanding subdivision (a), "foreign (other nation) bank" has the meaning set forth in paragraph (1) of subdivision (b) of Section 177.
(b) Notwithstanding subdivision (a), "foreign (other nation) bank" has the meaning set forth in paragraph (1) of subdivision (b) of Section 177.
"California" means:
(a) When used with respect to a savings association, in the case of a state savings association, a savings association that is organized under the laws of this state and, in the case of a federal savings association, a savings association that maintains its head office in this state.
(b) When used with respect to an industrial loan company, an industrial loan company that is organized under the laws of this state.
(c) When used with respect to an office of a savings association or of an industrial loan company, an office located in this state.
(d) When used with respect to any corporation other than a depository corporation, a corporation organized under the laws of this state.
(a) When used with respect to a savings association, in the case of a state savings association, a savings association that is organized under the laws of this state and, in the case of a federal savings association, a savings association that maintains its head office in this state.
(b) When used with respect to an industrial loan company, an industrial loan company that is organized under the laws of this state.
(c) When used with respect to an office of a savings association or of an industrial loan company, an office located in this state.
(d) When used with respect to any corporation other than a depository corporation, a corporation organized under the laws of this state.
"California federally licensed foreign (other nation)
bank," when used with respect to a sale or merger, means a foreign
(other nation) bank that is authorized under federal law to maintain
a federal agency or federal branch in this state immediately before
the effective time of the sale or merger in case it is the selling or
disappearing corporation or at the effective time of the sale or
merger in case it is the purchasing or surviving corporation.
"California state-licensed foreign (other nation) bank,"
when used with respect to a sale or merger, means a foreign (other
nation) bank that is licensed under Article 3 (commencing with
Section 1800) of Chapter 20 of Division 1.1 to maintain an agency or
branch office in this state immediately before the effective time of
the sale or merger in case it is the selling or disappearing
corporation or at the effective time of the sale or merger in case it
is the purchasing or surviving corporation.
"Commissioner" means the Commissioner of Business
Oversight.
"Depository corporation" means a state or federal
depository corporation.
"Federal depository corporation" means a national banking
association or a federal savings association.
"Federal savings association" means a savings association
or savings bank organized pursuant to Section 5 of the Home Owners'
Loan Act (12 U.S.C. Sec. 1464).
"Foreign" or "foreign (other state)" means:
(a) When used with respect to a savings association, in the case of a state savings association, a savings association that is organized under the laws of any state of the United States other than this state and, in the case of a federal savings association, a savings association that maintains its head office in any state of the United States other than this state.
(b) When used with respect to an industrial loan company, an industrial loan company that is organized under the laws of any state of the United States other than this state.
(c) When used with respect to an office of a savings association or of an industrial loan company, an office located in any state of the United States other than this state.
(d) When used with respect to any corporation other than a depository corporation, a corporation organized under the laws of any state of the United States other than this state.
(a) When used with respect to a savings association, in the case of a state savings association, a savings association that is organized under the laws of any state of the United States other than this state and, in the case of a federal savings association, a savings association that maintains its head office in any state of the United States other than this state.
(b) When used with respect to an industrial loan company, an industrial loan company that is organized under the laws of any state of the United States other than this state.
(c) When used with respect to an office of a savings association or of an industrial loan company, an office located in any state of the United States other than this state.
(d) When used with respect to any corporation other than a depository corporation, a corporation organized under the laws of any state of the United States other than this state.
In this division, "industrial loan company" means an
industrial bank as defined in Section 111.
"Insured," when used with respect to a depository
corporation, means a depository corporation the deposits of which are
insured by the Federal Deposit Insurance Corporation under the
Federal Deposit Insurance Act (12 U.S.C. Sec. 1811 et seq.).
"Law of the domicile" means:
(a) When used with respect to a federal depository corporation, the law of the United States.
(b) When used with respect to a state depository corporation, the law of the state of the United States under which the depository corporation is organized.
(c) When used with respect to a foreign (other nation) bank, the law of the foreign nation under which the bank is organized.
(a) When used with respect to a federal depository corporation, the law of the United States.
(b) When used with respect to a state depository corporation, the law of the state of the United States under which the depository corporation is organized.
(c) When used with respect to a foreign (other nation) bank, the law of the foreign nation under which the bank is organized.
"Merger," when used with respect to a merger in a case
where the surviving corporation is a federal depository corporation
and federal law authorizes a consolidation, includes a consolidation
in which the resulting corporation is a federal depository
corporation. The provisions of this division that apply to mergers
apply with appropriate changes in points of detail to consolidations
of that type.
"Share" means:
(a) When used with respect to a California state savings association that is authorized to issue guarantee stock, a share of guarantee stock.
(b) When used with respect to a federal savings association that is authorized to issue capital stock, a share of capital stock.
(a) When used with respect to a California state savings association that is authorized to issue guarantee stock, a share of guarantee stock.
(b) When used with respect to a federal savings association that is authorized to issue capital stock, a share of capital stock.
"Shareholder" means:
(a) When used with respect to a California state savings association that is authorized to issue guarantee stock, a holder of record of a share of guarantee stock.
(b) When used with respect to a federal savings association that is authorized to issue capital stock, a holder of record of a share of capital stock.
(a) When used with respect to a California state savings association that is authorized to issue guarantee stock, a holder of record of a share of guarantee stock.
(b) When used with respect to a federal savings association that is authorized to issue capital stock, a holder of record of a share of capital stock.
"State depository corporation" means a state bank, a state
savings association, or an industrial loan company.
"Uninsured," when used with respect to a deposit, means a
deposit or any part of a deposit that is not insured by the Federal
Deposit Insurance Corporation under the Federal Deposit Insurance Act
(12 U.S.C. Sec. 1811 et seq.).
