reglab/housing_qa huggingface dataset:
CA Fin Code § 18415.7 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.7.

18415.7.  On demand of the commissioner, it shall be the duty of the sheriff of any county of the state, and of the police department of any municipal corporation therein, to furnish the commissioner with deputies, patrolmen, or officers as may be necessary to assist the commissioner in making and enforcing any seizure under Section 18415.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.8 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.8.

18415.8.  Upon taking possession of the property and business of any company, the superior court for the county in which the head office of the company is located shall have exclusive original jurisdiction of all proceedings relating thereto and of any action or other proceedings brought under the provisions of this chapter. All papers relating to the taking of possession, including copies of the certificate of appointment of any special deputy, shall be filed and be made a part of the record of the proceeding within 45 days of the date of taking possession. All papers filed with the superior court, including inventories required to be filed, shall be made a part of the record of the proceeding without the payment of any additional fees therefor.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.9 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.9.

18415.9.  At any time after the order taking possession issued under Section 18415 has been filed with the court, the commissioner may remove the principal office of the person proceeded against to the City and County of San Francisco or to the City of Los Angeles. In the event of removal, the court where the proceeding was commenced shall, upon the application of the commissioner, direct the superior court clerk to transmit all of the papers filed therein with that clerk to the Superior Court Clerk of the City and County of San Francisco or of the County of Los Angeles as the case may require. The proceeding shall thereafter be conducted in the same manner as though it had been commenced in the county to which it had been transferred.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.10 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.10.

18415.10.  The commissioner may, at any time, examine under oath any officer, director, agent, employee or stockholder of a company to determine whether or not all property and assets have been transferred or delivered to the commissioner’s possession.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.11 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.11.

18415.11.  Upon taking possession of the property and business of any company, the commissioner has authority and the duty to collect all moneys due to the company and to do such other acts as are necessary or expedient to collect, conserve, or protect its assets, property and business. The commissioner shall also proceed to conserve or liquidate the affairs thereof as provided in this chapter.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.12 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.12.

18415.12.  The commissioner may file a petition with the court and the court shall issue such injunctions or orders, as may be deemed necessary, to prevent any of the following occurrences:(a) Interference with the commissioner or the proceeding.(b) The institution of any actions or proceedings, or the prosecution of any actions or proceedings already commenced.(c) Waste of assets of the entity.(d) The obtaining of preferences, judgments, attachments or other liens against the company or its assets.(e) The making of any levy against the company or its assets.(f) The sale or deed for nonpayment of taxes or assessments levied by any taxing agency of any of the following:(1) Property owned by the company.(2) Property upon which the company holds an encumbrance.(3) Property upon which the company has prior thereto commenced an action to foreclose any deed of trust or mortgage or has exercised the power of sale under any trust deed or mortgage which sale or foreclosure proceedings have not yet been completed or upon which no trustee’s deed or judgment of court or sheriff’s certificate of sale has been issued.“Taxing agency,” as used in this section, has the same meaning as defined in Section 121 of the Revenue and Taxation Code. The injunctions or orders authorized by this subdivision may be modified, dissolved, or rescinded by the court on motion of the commissioner, the Controller, or the person charged with the collection of taxes or assessments on such property. The recording in the office of the county recorder of any county in the state of an order or injunction issued pursuant to this section, shall constitute service of the order or injunction upon any taxing agency with respect to property or interest therein located in such county.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.13 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.13.

18415.13.  After the taking of possession of the property and business of any company, the commissioner may terminate or adopt any executory contract to which the company may be a party, including leases of real or personal property. The termination or adoption shall be made within six months after obtaining knowledge of the existence of the contract or lease. Any provision in the contract or lease which provides for damages or cancellation fees upon termination shall not be binding on the commissioner or the company seized. The commissioner and the company shall only be liable for actual damages and in no event in excess of one thousand dollars ($1,000). Any claim must be filed within 30 days of the date of the termination.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.14 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.14.

18415.14.  The commissioner may proceed against any debtor or alleged debtor by way of summary procedure or by order to show cause issued by the court upon application by the commissioner.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.15 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.15.

18415.15.  The commissioner may make examinations of the seized company and review the activities of any conservator or liquidator.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.16 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.16.

18415.16.  The actual cost of any examination, investigation or services, including the actual amount of salary or other compensation paid to the persons making the examination, investigation or rendering services and the overhead costs in connection therewith, as fixed by the commissioner, shall be paid out of the assets of the company.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.17 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.17.

18415.17.  The determination by the commissioner to liquidate a company, evidenced by filing written notice of the determination with the court, operates to stay or dissolve all actions or attachments instituted or levied within 90 days next preceding the taking of possession of the company by the commissioner, and pending the process of liquidation, no attachment or execution shall be levied or lien created upon any of the property of the company.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.18 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.18.

18415.18.  Upon taking possession of the property, and business of a company in any proceeding under this article, the commissioner shall have the power to do all of the following:(a) Appoint one or more special deputy commissioners as his or her agent or agents with the powers specified in the certificate of appointment to assist in the duty of conservation or of liquidation and distribution.(b) Employ the Attorney General as counsel or employ private counsel as may be deemed necessary to assist the commissioner in the performance of his or her duties under this chapter. Appointment of private counsel shall be made only with the consent of the Attorney General. The compensation of that counsel shall be fixed by the commissioner, subject to the approval of the court.(c) Set the compensation of a special deputy commissioner.(d) Require from each special deputy commissioner and from each assistant such security for the faithful performance of their duties as the commissioner may deem proper.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.19 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.19.

18415.19.  All expenses of taking possession of, conserving, conducting, liquidating, disposing of or otherwise dealing with the business and property of any company under this article shall be paid out of the assets of that company. Those expenses shall include, among other things, the compensation of special deputy commissioners, clerks and assistants and the actual cost of any services attributable to the conservatorship or liquidation performed by the commissioner and staff, including the actual amount of salary or compensation paid to the person performing the services and overhead costs in connection therewith as fixed by the commissioner.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.21 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.21.

18415.21.  Any transaction occurring within six months of the date of taking possession shall be voidable by the conservator or liquidator if the transaction has the effect of giving to, or enabling any creditor of, the company, any affiliate of the company, any officer, director, stockholder, employee or any relative thereof, to obtain a preference over any other creditor of the company.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.22 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.22.

18415.22.  No obligation may be purchased or discounted under any agreement between the company and any person involving the purchase or discount of obligation from the person, with or without recourse, from the moment of taking possession pursuant to Section 18415. Any guarantees, recourse or repurchase agreements given at the time of purchase, or discount of any obligation prior to the date of taking possession, shall continue to be binding on the person. Any reserves, withholds or other security held by the company under the terms of the agreement shall be considered liabilities of the company in the general creditor classification and may not be used as offset against any obligation purchased or discounted under the agreement. No distribution of assets shall be made on these liabilities until the obligations purchased or discounted under the agreement have been satisfied.In case of sale of the obligations by the liquidator, the reserves, withholds or other security shall remain as a liability to be paid off in the normal course of liquidation.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18415.23 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18415.23.

18415.23.  No attachment or execution shall be issued against the property of any company before final judgment in any action or proceeding in any court.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18420.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18420.1.

18420.1.  No transaction involving real or personal property, investment or reinvestment of funds or assets, or settlement or compromise of pending lawsuits shall be made without first obtaining permission of the court, and then only in accordance with such terms as the court may prescribe, when either of the following exist:(a) The principal sum of any obligation due the company or settlement or compromise of a pending lawsuit exceeds the sum of fifteen thousand dollars ($15,000).(b) The market value of any real or personal property, except obligations due the company, exceeds the sum of ten thousand dollars ($10,000).(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18420.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18420.2.

18420.2.  The commissioner may, with ex parte approval of the court, sell all or any part of the company’s assets to another industrial loan company, to a bank, to a savings and loan association, to Guaranty Corporation, or to an instrumentality of the United States government. In like manner, the commissioner may borrow from Guaranty Corporation, an instrumentality of the United States government, or a private insurer which insures or guarantees the company’s investment certificates, any amount necessary to facilitate the assumption of investment certificate liabilities by a newly chartered or existing industrial loan company, assigning any part or all of the assets of the company as security for that loan.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18420.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18420.5.

18420.5.  The commissioner may appoint a person to act as conservator or liquidator of the company. The person appointed may be Thrift Guaranty Corporation of California. If the company’s outstanding thrift obligations are insured by an instrumentality of the United States government, the commissioner may appoint that instrumentality to act as conservator or liquidator of the company. Subject to the other provisions of this division, a conservator or liquidator, while in possession of the property and business of a company, has the same powers and rights and is subject to the same duties and obligations as the commissioner while in possession of the property and business of a company. During such time, the rights of the company and of all persons with respect thereto, subject to the other provisions of this chapter, are the same as if the commissioner had taken possession of such properties and business, except that the commissioner may limit those powers and rights as he or she may deem necessary.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18420.6 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18420.6.

18420.6.  The commissioner shall have the authority to terminate the appointment of a conservator or liquidator whenever the commissioner deems it in the best interest of the company, its creditors, and investors. The commissioner shall file a copy of the notice of termination with the court.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18420.7 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18420.7.

18420.7.  The commissioner may require a conservator or liquidator to provide such bond as the commissioner deems proper. The conservator or liquidator shall receive a salary, fixed by the commissioner, in an amount no greater than that which would be paid by the commissioner to a special deputy commissioner in charge of the liquidation of the company.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18425 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18425.

18425.  If at any time after taking possession of the property and business of a company it shall appear to the commissioner that it would be futile to proceed as conservator with the conduct of the business of the company, the commissioner may order the company to be liquidated. A copy of the liquidation order shall be filed with the clerk of the superior court.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18425.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18425.1.

18425.1.  The liquidator shall cause notice to be given by publication for four successive weeks in a newspaper of general circulation at or near the principal place of business in the state of the company, to all persons having claims against the company, other than investment certificate holders, whether or not an action is pending to enforce any claim for demand, requiring them to present and file their claims and make legal proof thereof at a place and within a time designated in the notice. The time shall not be less than 90 days after the first publication of the notice. The notice shall also state that all claims other than those of investment certificate holders appearing upon the books or records of the company and any claims, whether or not an action is pending to enforce any such claim or demand, shall be forever barred if not filed within the time designated. The liquidator shall also mail a similar notice to all persons whose names appear as creditors upon the books of the company and any person who has an action pending to enforce a claim or demand whose address appears upon the books or records of the company and shall enclose therewith a printed form or notice of claim.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18425.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18425.2.

18425.2.  All claims, demands, or causes of action of creditors, and persons other than investors against any property owned or held by it in trust, or otherwise, must be presented to the liquidator in writing, verified by the claimant, or someone on his or her behalf, within the period specified in the notice for the presentation of claims, whether or not an action is pending to enforce any such claim or demand. The liquidator shall not approve any claim not so presented, and any such claim, demand, or cause of action not so presented is forever barred.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18425.3 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18425.3.

18425.3.  If the liquidator doubts the validity of any claim, the liquidator may reject the claim and serve notice of rejection upon the claimant either by certified mail or personally. A notice of rejection given by mail, addressed to the claimant at the address set forth in the claim, shall constitute sufficient notice of the rejection. Any action upon a claim so rejected must be brought within 30 days after the mailing of the notice or personal service of the notice in the court in which the liquidation proceeding is pending for an order to show cause why the claim should not be allowed. Failure to bring such action within 30 days to enforce the payment of or establish any rejected claim shall forever bar any such action.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)
CA Fin Code § 18425.4 (2021)
2021 California Code|Financial Code - FIN|DIVISION 7 - INDUSTRIAL LOAN COMPANIES|CHAPTER 5 - Administration and Powers of the Commissioner|ARTICLE 4 - Possession, Conservatorship, and Liquidation by the Commissioner|Section 18425.4.

18425.4.  A claim shall set forth, under oath, on the form prescribed by the commissioner, all of the following:(a) The particulars of the claim, and the consideration for the claim.(b) Whether the claim is secured or unsecured, and, if secured, the nature and amount of the security.(c) The payments, if any, made thereon.(d) That the sum claimed is justly owing from such person to the claimant.(e) That there is no offset to the claim.(f) Such other data or supporting documents as the liquidator requires.(Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.)