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Section 6475 Of Article 7. Statutory Net Worth; Reserve Accounts From California Financial Code >> Division 2. >> Chapter 3. >> Article 7.
6475
. (a) Each association shall maintain an adequate statutory net
worth appropriate for the conduct of its business and the protection
of its savings account holders.
(b) The commissioner shall fix a minimum statutory net worth requirement applicable to all associations, which shall not be less than 3 percent of an association's total assets. In defining total assets, the commissioner may issue regulations to exclude from the total asset figure any asset items deemed appropriate by the commissioner.
(c) If the statutory net worth falls below the level specified by the commissioner, the commissioner may require the association to increase its statutory net worth within the time and in a manner designated by the commissioner, so as to bring the amount to the level determined adequate under this section, and may require the association to do any one or more of the following:
(1) Increase its liquid assets and maintain that increased liquidity at the level specified by the commissioner.
(2) Cease to:
(A) Accept savings accounts of all classes or categories, except in exchange for accounts already outstanding.
(B) Accept savings accounts of any particular class, category, or amount.
(C) Receive additional funds upon savings accounts already outstanding other than installment accounts. The provisions of paragraph (2) of subdivision (c) shall not prevent an association from crediting to savings accounts the interest earned on the accounts.
(3) Cease all lending, lending in a particular area, or making a particular type or category of loans.
(4) Cease purchase of loans or other investments.
(5) Cease or limit promotional expenditures.
(6) Convene a meeting or meetings of its board of directors with the commissioner in attendance to accomplish the objectives of this section.
(7) Take any other steps that the commissioner deems necessary to safeguard the interests of the association and the public.
(b) The commissioner shall fix a minimum statutory net worth requirement applicable to all associations, which shall not be less than 3 percent of an association's total assets. In defining total assets, the commissioner may issue regulations to exclude from the total asset figure any asset items deemed appropriate by the commissioner.
(c) If the statutory net worth falls below the level specified by the commissioner, the commissioner may require the association to increase its statutory net worth within the time and in a manner designated by the commissioner, so as to bring the amount to the level determined adequate under this section, and may require the association to do any one or more of the following:
(1) Increase its liquid assets and maintain that increased liquidity at the level specified by the commissioner.
(2) Cease to:
(A) Accept savings accounts of all classes or categories, except in exchange for accounts already outstanding.
(B) Accept savings accounts of any particular class, category, or amount.
(C) Receive additional funds upon savings accounts already outstanding other than installment accounts. The provisions of paragraph (2) of subdivision (c) shall not prevent an association from crediting to savings accounts the interest earned on the accounts.
(3) Cease all lending, lending in a particular area, or making a particular type or category of loans.
(4) Cease purchase of loans or other investments.
(5) Cease or limit promotional expenditures.
(6) Convene a meeting or meetings of its board of directors with the commissioner in attendance to accomplish the objectives of this section.
(7) Take any other steps that the commissioner deems necessary to safeguard the interests of the association and the public.
