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Article 1. Examination of California Financial Code >> Division 1. >> Chapter 5. >> Article 1.
(a) (1) For purposes of this section, "foreign bank" means the
business in this state of every foreign (other nation) bank licensed
under Article 3 (commencing with Section 1800) of Chapter 20 of
Division 1.1.
(2) For purposes of this subdivision, an examination made by the commissioner in conjunction with or with assistance from a bank regulatory agency of the United States, of a state of the United States, or of a foreign nation is deemed to be an examination caused by the commissioner.
(3) No provision of this subdivision shall be deemed to require that the commissioner cause an examination to be made onsite at the offices of a bank.
(4) The commissioner shall cause every California state bank and every foreign bank to be examined to the extent and whenever and as often as the commissioner shall deem it advisable, but in no case less frequently than once every 12 months, except that the following banks shall be examined pursuant to federal law no less frequently than state banks and foreign banks that meet the respective federal criteria:
(A) California state banks that meet the criteria set forth in Section 1820(d)(4) of Title 12 of the United States Code.
(B) Foreign banks that meet the criteria set forth in Section 211.26(c)(2) of Title 12 of the Code of Federal Regulations.
(5) The examinations required by paragraph (4) may be conducted in alternate examination periods, as appropriate, if the commissioner determines that an examination of the state bank by the appropriate federal regulator, insuring or guaranteeing corporation during the intervening examination period carries out the purpose of this section. The commissioner may not accept two consecutive examinations, or two consecutive examination reports, made by federal regulators, insuring or guaranteeing corporations, or agencies with respect to the condition of the state bank.
(6) The commissioner shall cause every California state trust company to be examined to the extent and whenever and as often as the commissioner shall deem it advisable, but in no case less frequently than once every 24 months.
(7) The commissioner may examine subsidiaries of every California state bank, state trust company, and foreign (other nation) bank licensed under Article 3 (commencing with Section 1800) of Chapter 20 of Division 1.1 to the extent and whenever and as often as the commissioner shall deem it advisable.
(b) The commissioner may at any time examine any of the following:
(1) Any office of a bank organized under the laws of this state.
(2) Any office of a foreign (other state) bank that maintains an office in this state.
(3) Any office of a foreign (other nation) bank that maintains an office in this state.
(c) The officers and employees of every California state bank, California state trust company, and foreign bank being examined shall exhibit to the examiners, on request, any or all of its securities, books, records, and accounts and shall otherwise facilitate the examination so far as it may be in their power.
(2) For purposes of this subdivision, an examination made by the commissioner in conjunction with or with assistance from a bank regulatory agency of the United States, of a state of the United States, or of a foreign nation is deemed to be an examination caused by the commissioner.
(3) No provision of this subdivision shall be deemed to require that the commissioner cause an examination to be made onsite at the offices of a bank.
(4) The commissioner shall cause every California state bank and every foreign bank to be examined to the extent and whenever and as often as the commissioner shall deem it advisable, but in no case less frequently than once every 12 months, except that the following banks shall be examined pursuant to federal law no less frequently than state banks and foreign banks that meet the respective federal criteria:
(A) California state banks that meet the criteria set forth in Section 1820(d)(4) of Title 12 of the United States Code.
(B) Foreign banks that meet the criteria set forth in Section 211.26(c)(2) of Title 12 of the Code of Federal Regulations.
(5) The examinations required by paragraph (4) may be conducted in alternate examination periods, as appropriate, if the commissioner determines that an examination of the state bank by the appropriate federal regulator, insuring or guaranteeing corporation during the intervening examination period carries out the purpose of this section. The commissioner may not accept two consecutive examinations, or two consecutive examination reports, made by federal regulators, insuring or guaranteeing corporations, or agencies with respect to the condition of the state bank.
(6) The commissioner shall cause every California state trust company to be examined to the extent and whenever and as often as the commissioner shall deem it advisable, but in no case less frequently than once every 24 months.
(7) The commissioner may examine subsidiaries of every California state bank, state trust company, and foreign (other nation) bank licensed under Article 3 (commencing with Section 1800) of Chapter 20 of Division 1.1 to the extent and whenever and as often as the commissioner shall deem it advisable.
(b) The commissioner may at any time examine any of the following:
(1) Any office of a bank organized under the laws of this state.
(2) Any office of a foreign (other state) bank that maintains an office in this state.
(3) Any office of a foreign (other nation) bank that maintains an office in this state.
(c) The officers and employees of every California state bank, California state trust company, and foreign bank being examined shall exhibit to the examiners, on request, any or all of its securities, books, records, and accounts and shall otherwise facilitate the examination so far as it may be in their power.
(a) Whenever, in the judgment of the commissioner, it is
necessary or advisable to make an extra examination of or to devote
any extraordinary attention to any bank, any foreign bank, or any
office of a foreign bank, he or she has the authority to do so and to
charge and collect from the bank or foreign bank, in the case of an
extra examination, an amount not exceeding seventy-five dollars ($75)
per hour for each examiner engaged in the examination and, in the
case of extraordinary attention, an amount not exceeding the
department's expenses in providing the extraordinary attention,
including, but not limited to, compensation of employees.
(b) Whenever in the judgment of the commissioner it is necessary or expedient for any examiner engaged in any examination to travel outside this state, the commissioner may charge for the travel expenses of the examiner.
(b) Whenever in the judgment of the commissioner it is necessary or expedient for any examiner engaged in any examination to travel outside this state, the commissioner may charge for the travel expenses of the examiner.
(a) The commissioner may by order or regulation grant
exemptions from this section in cases where the commissioner finds
that the requirements of this section are not necessary.
(b) Each California state bank shall, within 90 days after the end of each fiscal year, or within such extended time as the commissioner may prescribe, file with the commissioner an audit report for the fiscal year.
(c) The audit report called for in subdivision (b) shall comply with all of the following provisions:
(1) The audit report shall contain those audited financial statements of the bank for or as of the end of the fiscal year prepared in accordance with generally accepted accounting principles and any other information that the commissioner may require.
(2) The audit report shall be based upon an audit of the bank conducted in accordance with generally accepted auditing standards and any other requirements that the commissioner may prescribe.
(3) The audit report shall be prepared by an independent certified public accountant or independent public accountant who is not unsatisfactory to the commissioner.
(4) The audit report shall include or be accompanied by a certificate or opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the commissioner. If the certificate or opinion is qualified, the commissioner may order the bank to take such action as the commissioner may find necessary to enable the independent certified public accountant or independent public accountant to remove the qualification.
(b) Each California state bank shall, within 90 days after the end of each fiscal year, or within such extended time as the commissioner may prescribe, file with the commissioner an audit report for the fiscal year.
(c) The audit report called for in subdivision (b) shall comply with all of the following provisions:
(1) The audit report shall contain those audited financial statements of the bank for or as of the end of the fiscal year prepared in accordance with generally accepted accounting principles and any other information that the commissioner may require.
(2) The audit report shall be based upon an audit of the bank conducted in accordance with generally accepted auditing standards and any other requirements that the commissioner may prescribe.
(3) The audit report shall be prepared by an independent certified public accountant or independent public accountant who is not unsatisfactory to the commissioner.
(4) The audit report shall include or be accompanied by a certificate or opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the commissioner. If the certificate or opinion is qualified, the commissioner may order the bank to take such action as the commissioner may find necessary to enable the independent certified public accountant or independent public accountant to remove the qualification.
The commissioner, whenever in his or her opinion the condition
of the bank, trust company, or foreign banking corporation is such
as to require such audit, may require any bank, trust company, or
foreign banking corporation to employ a certified public accountant
to make a special audit of the affairs of such bank or trust company
at its expense.
The commissioner, for good cause, at any time and from time to
time may employ appraisers to appraise the value of any investment,
asset, or property held or upon which a lien is held as security for
a loan. The bank, trust company, or foreign banking corporation shall
pay to the commissioner on demand the cost of such appraisal.
The commissioner, a deputy commissioner, and every examiner
assigned to an examination may administer an oath to any person whose
testimony is required for the purposes of any examination authorized
by this division and may by issuance of subpoena compel the
appearance of any person and the production of any evidence for the
purposes of the examination.
Whenever he or she deems it expedient, the commissioner may
call a meeting of the stockholders of any bank or trust company.
Notice of the time and place of the meeting shall be given to each
stockholder by a notice mailed to the stockholder by registered mail
at the stockholder's last known address at least 15 days before the
date of the meeting. Any expenses of such meeting shall be borne by
the bank or trust company.
During any emergency period declared by the President of the
United States, each bank shall conform to any order of the
commissioner directed to it, relating to and conforming with
regulations, limitations, or restrictions which are applicable
thereto prescribed by the Secretary of the Treasury, the Comptroller
of the Currency, or the Board of Governors of the Federal Reserve
System regulating or governing the operations of banks which are
members of the Federal Reserve System.
During any emergency period declared by the Governor no bank
shall transact any banking business except to such extent and subject
to such regulations, limitations, or restrictions as may be
prescribed by the commissioner, which, as to member banks, shall be
as consistent as the exigencies of the situation permit with the
provisions of the Federal Reserve Act and regulations issued
thereunder or, as to insured banks, shall be as consistent as the
exigencies of the situation permit with the rules and regulations
governing banks whose deposits are insured by the Federal Deposit
Insurance Corporation.
(a) The commissioner may, in his or her discretion, bring an
action in the name of the people of this state in a superior court to
enjoin a violation of, to enforce compliance with, or to collect a
penalty or other liability imposed under, this division or any
regulation or order issued under this division. The amount of any
penalty or liability collected shall be deposited into the State
Banking Account in the Financial Institutions Fund. Upon a proper
showing, a permanent or preliminary injunction, restraining order, or
writ of mandate shall be granted, and a monitor, receiver,
conservator, or other designated fiduciary or officer of the court
may be appointed for the defendant or the defendant's assets, or
other appropriate relief may be granted.
(b) A receiver, monitor, conservator, or other designated fiduciary officer of the court appointed by the superior court pursuant to this section may, with the approval of the court, exercise all of the powers of the defendant's officers, directors, partners, trustees, or of persons who exercise similar powers and perform similar duties, including the filing of a petition for bankruptcy. No action at law or in equity may be maintained by any party against the commissioner, or a receiver, monitor, conservator, or any other designated fiduciary officer of the court by reason of their exercising these powers or performing these duties pursuant to the order of, or with the approval of, the superior court.
(c) If the commissioner determines it is in the public interest, the commissioner may include in an action authorized by subdivision (a), a claim for ancillary relief, including, but not limited to, a claim for restitution, disgorgement, or damages on behalf of the person injured by the act or practice that is the subject matter of the action. The court has jurisdiction to award additional relief.
(d) The provision of subdivision (a) that authorizes the appointment of a monitor, receiver, conservator, or other designated fiduciary or officer of the court, and subdivisions (b) and (c) do not apply to any of the following:
(1) A state bank that is authorized by the commissioner to transact commercial banking or trust business.
(2) A national bank.
(3) A foreign (other state) bank that maintains a branch office in this state in accordance with federal law, the law of this state, and the law of the bank's domicile.
(4) A foreign (other nation) bank that is licensed by the commissioner to maintain a branch office or agency, as defined in Section 1750, in this state.
(5) A foreign (other nation) bank that maintains a federal branch or agency, as defined in Section 1750, in this state.
(e) The provisions of this section that authorize the commissioner to bring actions and seek relief are not intended to, and do not, affect any right that any other person may have to bring the same or similar actions, or to seek the same or similar relief.
(b) A receiver, monitor, conservator, or other designated fiduciary officer of the court appointed by the superior court pursuant to this section may, with the approval of the court, exercise all of the powers of the defendant's officers, directors, partners, trustees, or of persons who exercise similar powers and perform similar duties, including the filing of a petition for bankruptcy. No action at law or in equity may be maintained by any party against the commissioner, or a receiver, monitor, conservator, or any other designated fiduciary officer of the court by reason of their exercising these powers or performing these duties pursuant to the order of, or with the approval of, the superior court.
(c) If the commissioner determines it is in the public interest, the commissioner may include in an action authorized by subdivision (a), a claim for ancillary relief, including, but not limited to, a claim for restitution, disgorgement, or damages on behalf of the person injured by the act or practice that is the subject matter of the action. The court has jurisdiction to award additional relief.
(d) The provision of subdivision (a) that authorizes the appointment of a monitor, receiver, conservator, or other designated fiduciary or officer of the court, and subdivisions (b) and (c) do not apply to any of the following:
(1) A state bank that is authorized by the commissioner to transact commercial banking or trust business.
(2) A national bank.
(3) A foreign (other state) bank that maintains a branch office in this state in accordance with federal law, the law of this state, and the law of the bank's domicile.
(4) A foreign (other nation) bank that is licensed by the commissioner to maintain a branch office or agency, as defined in Section 1750, in this state.
(5) A foreign (other nation) bank that maintains a federal branch or agency, as defined in Section 1750, in this state.
(e) The provisions of this section that authorize the commissioner to bring actions and seek relief are not intended to, and do not, affect any right that any other person may have to bring the same or similar actions, or to seek the same or similar relief.
