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Chapter 2. Administration of California Financial Code >> Division 1.6. >> Chapter 2.
Every final order, decision, license, or other official act
of the commissioner under this division is subject to judicial review
in accordance with law.
(a) The commissioner may from time to time issue regulations
and orders as may in his or her opinion be necessary to carry out the
provisions and purposes of this division.
(b) Regulations and orders issued under this division may, among other things, define any term used in this division as well as any term not used in this division.
(c) For purposes of regulations and orders issued under this division, the commissioner may classify persons, transactions, and other matters within his or her jurisdiction and may prescribe different regulations or orders for different classes.
(d) The commissioner may waive any provision of any regulation or order which he or she has issued under this division in any case where in his or her opinion the provision is not necessary in the public interest.
(b) Regulations and orders issued under this division may, among other things, define any term used in this division as well as any term not used in this division.
(c) For purposes of regulations and orders issued under this division, the commissioner may classify persons, transactions, and other matters within his or her jurisdiction and may prescribe different regulations or orders for different classes.
(d) The commissioner may waive any provision of any regulation or order which he or she has issued under this division in any case where in his or her opinion the provision is not necessary in the public interest.
Whenever the commissioner issues an order or license under
this division, he or she may impose conditions as may in his or her
opinion be necessary to carry out the provisions and purposes of this
division.
In any proceeding under this division:
(a) The burden of proving that an application should be approved is upon the applicant.
(b) The burden of proving an exemption or an exception is upon the person claiming the exemption or the exception.
(a) The burden of proving that an application should be approved is upon the applicant.
(b) The burden of proving an exemption or an exception is upon the person claiming the exemption or the exception.
The commissioner may honor applications from interested
persons for interpretive opinions regarding any provision of this
division or of any regulation or order issued under this division.
Each application and report filed with the commissioner under
this division or under any regulation or order issued under this
division shall be in the form, shall contain the information, shall
be signed in the manner, and shall, if the commissioner requires, be
verified in the manner that the commissioner may require.
No person shall make any untrue statement of any material
fact in any application or report filed with the commissioner under
this division or under any regulation or order issued under this
division, or willfully omit to state in any application or report
filed with the commissioner under this division or under any
regulation or order issued under this division any material fact
which is required to be stated therein.
In determining whether to approve any application filed under
this division or under any regulation or order issued under this
division, the commissioner may consider proposals made by the
applicant; and, if in the opinion of the commissioner it is probable
that the applicant will be able to implement any such proposal, the
commissioner may make findings on the basis of the proposal. However,
whenever the commissioner approves an application on the basis, in
whole or in part, of a proposal made by the applicant, the
commissioner shall impose upon the approval appropriate conditions
requiring that the applicant implement the proposal within the period
of time that the commissioner may specify.
If the commissioner finds, with respect to any application
filed under this division or under any regulation or order issued
under this division, that not all the information which was required
to be provided in or in connection with the application has been
provided or that implementation of any proposal contained in the
application would violate any applicable law, the commissioner may
deny the application.
Fees shall be paid to, and collected by, the commissioner, as
follows:
(a) The fee for filing an application for approval of a sale under this division shall be two thousand five hundred dollars ($2,500).
(b) The fee for filing an application for approval of a merger under this division shall be two thousand five hundred dollars ($2,500).
(c) (1) The fee for filing an application for approval of a conversion under this division shall be five thousand dollars ($5,000).
(2) The fee for issuing a certificate of authority or license under subdivision (a) of Section 4928 or subdivision (a) of Section 4948 shall be two thousand five hundred dollars ($2,500).
(d) The fee for issuing a certificate of authority or license under any other provision of this division shall be twenty-five dollars ($25).
(e) The fee for issuing a certificate under Section 4862, 4879.17, 4891, 4930, or 4952 shall be twenty-five dollars ($25).
(f) In case the commissioner makes an examination in connection with a pending application, as described in paragraph (1), (2), (3), (4), (5), or (6) the applicant shall pay a fee for the examination in the sum of seventy-five dollars ($75) per hour for each examiner engaged in the examination plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.
(1) Examination of the selling depository corporation in connection with a pending application for approval of a sale of a whole business unit (as defined in Section 4840) under Article 2 (commencing with Section 4845) of Chapter 3.
(2) Examination of the partial business unit (as defined in Section 4840) to be sold and any related affairs of the selling depository corporation in connection with a pending application for approval of a sale of a partial business unit (as defined in Section 4840) under Article 2 (commencing with Section 4845) of Chapter 3.
(3) Examination of the purchasing depository corporation in connection with a pending application for approval of a sale of a whole business unit (as defined in Section 4880) under Article 3.5 (commencing with Section 4876.01) of Chapter 3 or of a partial business unit (as defined in Section 4880) under Article 4.5 (commencing with Section 4878.01) of Chapter 3.
(4) Examination of the surviving depository corporation in connection with a pending application for approval of a merger under Article 4 (commencing with Section 4908.01) of Chapter 4.
(5) Examination of the disappearing depository corporation in connection with a pending application for approval of a merger under Article 1 (commencing with Section 4880) or Article 2 (commencing with Section 4895.01) of Chapter 4.
(6) Examination of the converting depository corporation in connection with a pending application for approval of a conversion under Article 1 (commencing with Section 4920) or Article 2 (commencing with Section 4940) of Chapter 5.
(a) The fee for filing an application for approval of a sale under this division shall be two thousand five hundred dollars ($2,500).
(b) The fee for filing an application for approval of a merger under this division shall be two thousand five hundred dollars ($2,500).
(c) (1) The fee for filing an application for approval of a conversion under this division shall be five thousand dollars ($5,000).
(2) The fee for issuing a certificate of authority or license under subdivision (a) of Section 4928 or subdivision (a) of Section 4948 shall be two thousand five hundred dollars ($2,500).
(d) The fee for issuing a certificate of authority or license under any other provision of this division shall be twenty-five dollars ($25).
(e) The fee for issuing a certificate under Section 4862, 4879.17, 4891, 4930, or 4952 shall be twenty-five dollars ($25).
(f) In case the commissioner makes an examination in connection with a pending application, as described in paragraph (1), (2), (3), (4), (5), or (6) the applicant shall pay a fee for the examination in the sum of seventy-five dollars ($75) per hour for each examiner engaged in the examination plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.
(1) Examination of the selling depository corporation in connection with a pending application for approval of a sale of a whole business unit (as defined in Section 4840) under Article 2 (commencing with Section 4845) of Chapter 3.
(2) Examination of the partial business unit (as defined in Section 4840) to be sold and any related affairs of the selling depository corporation in connection with a pending application for approval of a sale of a partial business unit (as defined in Section 4840) under Article 2 (commencing with Section 4845) of Chapter 3.
(3) Examination of the purchasing depository corporation in connection with a pending application for approval of a sale of a whole business unit (as defined in Section 4880) under Article 3.5 (commencing with Section 4876.01) of Chapter 3 or of a partial business unit (as defined in Section 4880) under Article 4.5 (commencing with Section 4878.01) of Chapter 3.
(4) Examination of the surviving depository corporation in connection with a pending application for approval of a merger under Article 4 (commencing with Section 4908.01) of Chapter 4.
(5) Examination of the disappearing depository corporation in connection with a pending application for approval of a merger under Article 1 (commencing with Section 4880) or Article 2 (commencing with Section 4895.01) of Chapter 4.
(6) Examination of the converting depository corporation in connection with a pending application for approval of a conversion under Article 1 (commencing with Section 4920) or Article 2 (commencing with Section 4940) of Chapter 5.
