reglab/statecodes huggingface dataset:
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 171.

171. “Distribution to its shareholders” has the meaning set forth in Section 166 of the Corporations Code. However, in Division 1 (commencing with Section 100), Title 1 of the Corporations Code, in this division, and in Division 1.1 (commencing with Section 1000), “distribution to its shareholders” does not include any purchase of shares by a bank or by a majority-owned subsidiary of a bank which is necessary to reduce or avoid loss to such bank or to such subsidiary on an extension of credit previously made in good faith. Also, in this division and in Division 1.1 (commencing with Section 1000), “distribution to its shareholders” includes any distribution made by a bank or by a majority-owned subsidiary of a bank to the shareholders of any corporation of which such bank is a majority-owned subsidiary.
(Amended by Stats. 2013, Ch. 334, Sec. 11. (SB 537) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 173.

173. (a) “Foreign,” when used with respect to a bank, an office of a bank, or any corporation other than a bank, means foreign (other nation) or foreign (other state).
(b) “Foreign banking corporation” means a foreign bank.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 175.

175. “Foreign nation” means any nation other than the United States, including, without limitation, any subdivision, territory, trust territory, dependency, colony, or possession of any nation other than the United States. “Foreign nation” includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and any territory, trust territory, dependency, or insular possession of the United States.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 177.

177. (a) The definition of “state of the United States” in Section 207 does not apply to this section. In this section, “state of the United States” means any state of the United States or the District of Columbia.
(b) “Foreign (other nation)”:
(1) When used with respect to a bank, means any bank (including, without limitation, any commercial bank, merchant bank, or other institution that engages in banking activities that are usual in connection with the business of banking in the nation in which the institution is organized or operating) other than (A) a bank that is organized under the laws of a state of the United States or (B) a national bank that maintains its main office in a state of the United States.
(2) When used with respect to an office of a bank, means an office that is located in a place other than a state of the United States.
(3) When used with respect to any corporation other than a bank, means a corporation that is organized under the laws of a foreign nation.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 179.

179. “Foreign (other state)”:
(a) When used with respect to a bank, means a bank that is organized under the laws of any state of the United States other than this state, or a national bank that maintains its main office in any state of the United States other than this state, and includes any savings bank, as defined in Section 3(g) of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(g)), that is organized under the laws of a state other than this state.
(b) When used with respect to an office of a bank, means an office that is located in a state other than this state.
(c) When used with respect to a corporation other than a bank, means a corporation that is organized under the laws of any state of the United States other than this state or under the laws of the United States.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 181.

181. “Insured”:
(a) When used with respect to a bank or an office of a bank, means a bank or office 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.).
(b) When used with respect to a deposit, means a deposit that is insured by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act (12 U.S.C. Sec. 1811 et seq.).
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 183.

183. “Law of the domicile” means:
(a) When used with respect to a national bank, the law of the United States.
(b) When used with respect to a state bank, the law of the state of the United States under which the bank 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.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 185.

185. “Licensee” has the following meanings:
(a) Any bank authorized by the commissioner pursuant to Section 1042 to transact banking or trust business.
(b) Any industrial bank authorized by the commissioner pursuant to Section 1042 to transact industrial banking business.
(c) Any trust company authorized by the commissioner pursuant to Section 1042 to transact trust business.
(d) Any foreign (other nation) bank that is licensed under Article 2 (commencing with Section 1780) of Chapter 20 or under Article 3 (commencing with Section 1800) of Chapter 20.
(e) Any person licensed by the commissioner as a money transmitter pursuant to Division 1.2 (commencing with Section 2000).
(f) Any person authorized by the commissioner to conduct the business of a savings association pursuant to Division 2 (commencing with Section 5000).
(g) Any credit union authorized by the commissioner to conduct business pursuant to Section 14154.
(h) Any foreign (other state) credit union licensed by the commissioner to conduct business pursuant to Chapter 11 (commencing with Section 16000) of Division 5.
(i) Any foreign (other nation) credit union licensed by the commissioner to conduct business pursuant to Chapter 12 (commencing with Section 16500) of Division 5.
(j) Any industrial loan company authorized by the commissioner to conduct insurance premium finance business pursuant to Division 7 (commencing with Section 18000).
(k) Any corporation licensed by the commissioner as a business and industrial development corporation pursuant to Section 31154.
(Amended by Stats. 2013, Ch. 334, Sec. 12. (SB 537) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 186.

186. “Majority-owned subsidiary” has the meaning set forth for “subsidiary” in subdivision (a) of Section 189 of the Corporations Code.
(Added by Stats. 2013, Ch. 334, Sec. 13. (SB 537) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 187.

187. “Member of the public” means any person, except an agent, officer, or employee of the department acting within the scope of his or her agency, office, or employment. Member of the public does not include a director, officer, employee, attorney, accountant, or consultant of a licensee, provided that the confidential information in question only pertains to the licensee that employs or utilizes the director, officer, employee, attorney, accountant, or consultant.
(Repealed and added by Stats. 2013, Ch. 334, Sec. 15. (SB 537) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 188.

188. “Money transmitter” means a person authorized pursuant to Chapter 3 (commencing with Section 2030) of Division 1.2 to engage in the business of money transmission.
(Added by Stats. 2013, Ch. 334, Sec. 16. (SB 537) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 189.

189. (a) “National bank” or “national banking association” means a national banking association organized under the National Bank Act.
(b) For purposes of the Financial Institutions Law, a national bank is deemed to be a corporation.
(Amended by Stats. 2013, Ch. 334, Sec. 17. (SB 537) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 190.

190. “Officer” means:
(a) When used with respect to a corporation, any person appointed or designated as an officer of the corporation by or pursuant to applicable law or the articles of incorporation or bylaws of the corporation or any person who performs with respect to the corporation functions usually performed by an officer of a corporation.
(b) When used with respect to a specified person other than a natural person or a corporation, any person who performs with respect to the specified person, functions usually performed by an officer of a corporation with respect to the corporation.
(Added by Stats. 2013, Ch. 334, Sec. 18. (SB 537) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 193.

193. “Resulting,” when used with respect to a corporation, means:
(a) In the case of a consolidation, the corporation into which the constituent corporations are consolidated.
(b) In the case of a conversion, the corporation into which the converting corporation is converted.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 195.

195. “ROCA supervisory rating” shall have the meaning set forth in Section 327.8(k) of Title 12 of the Code of Federal Regulations.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 197.

197. “Savings association” includes a savings association, a savings and loan association, and a savings bank. However, “savings association” does not include any savings bank of the type defined in Section 3(g) of the Federal Deposit Insurance Act (12 U.S.C. Section 1813(g)).
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 199.

199. “Series,” when used with respect to shares, has the meaning set forth in Section 183 of the Corporations Code.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 205.

205. “State”:
(a) When used with respect to a corporation, means a corporation that is organized under the laws of a state of the United States.
(b) When used with respect to an office of a foreign (other nation) bank, means an office that the bank is authorized to maintain under the laws of a state of the United States.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 207.

207. “State of the United States” means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 209.

209. “Surviving,” when used with respect to a corporation, means a corporation in which one or more other corporations are merged.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 211.

211. “Uniform Interagency Trust Rating System (UITRS)” shall have the meaning set forth in the policy statement regarding the uniform interagency trust rating system published by the Federal Financial Institutions Examination Council on October 13, 1998 (63 Fed. Reg. 54704).
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 1 - Definitions › Section 213.

213. “Uniform Rating System for Informational Technology (URSIT)” shall have the meaning set forth in the policy statement regarding the uniform rating system for information technology published by the Federal Financial Institutions Examination Council on January 20, 1999, and implemented on or before April 1, 1999 (64 Fed. Reg. 3109).
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 2 - Transition Provisions › Section 250.

250. In this chapter, unless the provision or context requires otherwise:
(a) “New General Corporation Law” means Division 1 (commencing with Section 100), Title 1 of the Corporations Code, as in effect on and after January 1, 1977.
(b) “Prior Banking Law” means this division, as in effect on December 31, 1978.
(c) “Prior General Corporation Law” means Division 1 (commencing with Section 100), Title 1 of the Corporations Code, as in effect on December 31, 1976.
(d) “Revised Banking Law” means this division, as in effect on and after January 1, 1979, and as repealed and readded as of January 1, 2012.
(e) “Subject institution” means:
(1) Any corporation incorporated under the laws of this state which is, with the approval of the commissioner, incorporated for the purpose of engaging in, or which is authorized by the commissioner to engage in, the commercial banking business under this division.
(2) Any corporation incorporated under the laws of this state which is, with the approval of the commissioner, incorporated for the purpose of engaging in, or which is authorized by the commissioner to engage in, the trust business under this division.
(3) Any corporation incorporated under the laws of this state which is, with the approval of the commissioner, incorporated for the purpose of engaging in, or which is authorized by the commissioner to engage in, business under Article 1 (commencing with Section 1850) of Chapter 21 of Division 1.1.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 2 - Transition Provisions › Section 251.

251. For purposes of Chapter 23 (commencing with Section 2300) of the new General Corporation Law, in the case of any subject institution existing on January 1, 1979:
(a) The term “new law” shall mean the new General Corporation Law, subject, however, to the provisions of Section 101 of the revised Banking Law.
(b) The term “prior law” shall mean the prior General Corporation Law, subject, however, to the provisions of Section 101 of the prior Banking Law.
(c) The term “effective date” shall mean January 1, 1979.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 2 - Transition Provisions › Section 252.

252. (a) Sections 600 and 600.2 of the revised Banking Law shall not apply to any subject institution existing on January 1, 1979, unless and until an amendment of the articles of such subject institution is filed with the Secretary of State pursuant to Section 2302 of the new General Corporation Law.
(b) An amendment of the articles of a subject institution existing on January 1, 1979, which is filed with the Secretary of State pursuant to Section 2302 of the new General Corporation Law may be adopted by approval of the board alone in accordance with the second sentence of Section 2302 of the new General Corporation Law, notwithstanding the fact that such amendment changes such articles to conform to the provisions of Sections 600 and 600.2 of the revised Banking Law.
(c) Neither Article 6 (commencing with Section 690), Chapter 5 of the revised Banking Law nor Section 904 of the new General Corporation Law shall apply to an amendment of the articles of a subject institution existing on January 1, 1979, which is filed with the Secretary of State pursuant to Section 2302 of the new General Corporation Law on account of the fact that such amendment conforms such articles to the provisions of Section 600.2 of the revised Banking Law.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 2 - Transition Provisions › Section 253.

253. In case the board of a subject institution has, prior to January 1, 1979, adopted a resolution levying an assessment on the common shares of such subject institution in accordance with an order issued by the commissioner pursuant to Section 661 of the prior Banking Law:
(a) If the assessment has, prior to January 1, 1979, become a lien on the common shares in accordance with Section 2704 of the prior General Corporation Law, the assessment shall be collected pursuant to the prior General Corporation Law:
(b) Otherwise, the resolution shall be deemed to be rescinded on January 1, 1979.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 2 - Transition Provisions › Section 254.

254. Article 3 (commencing with Section 640), Chapter 5 of the revised Banking Law applies to any distribution to its shareholders made after January 1, 1979, by a subject institution existing on January 1, 1979, except that any such distribution effected pursuant to a contract for the purchase or redemption of shares entered into by such subject institution prior to January 1, 1979, may be made if permissible under the applicable provisions of the revised Banking Law and the new General Corporation Law or under the applicable provisions of the prior Banking Law and the prior General Corporation Law in effect at the time such contract was entered into.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 1 - General Provisions › Section 300.

300. (a) In this section:
(1) “Business and industrial development corporation” means a corporation licensed under Division 15 (commencing with Section 31000).
(2) “Payment instrument” has the same meaning as set forth in Section 2003.
(3) “Stored Value” has the same meaning as set forth in subdivision (x) of Section 2003.
(b) There is in the state government, in the Business, Consumer Services, and Housing Agency, a Department of Financial Protection and Innovation, which has charge of the execution of, among other laws, the laws of this state relating to any of the following: (1) banks or trust companies or the banking or trust business; (2) savings associations or the savings association business; (3) credit unions or the credit union business; (4) persons who engage in the business of receiving money for transmission or such business; (5) issuers of stored value or such business; (6) issuers of payment instruments or the payment instrument business; (7) business and industrial development corporations or the business and industrial development corporation business; (8) insurance premium finance agencies or the insurance premium finance business; (9) persons offering or making any contract constituting bucketing; (10) persons offering or selling off-exchange commodities; (11) deferred deposit originators; (12) finance lenders and brokers; (13) residential mortgage lenders and servicers; (14) capital access companies; (15) check sellers, bill payers, and proraters; (16) securities issuers, broker-dealers, agents, investment advisers, and investment adviser representatives; (17) mortgage loan originators employed or supervised by finance lenders or residential mortgage lenders; (18) escrow agents; (19) franchisors; (20) persons holding securities as custodians on behalf of securities owners; (21) persons offering or providing consumer financial products or services in this state; and (22) PACE program administrators.
(Amended by Stats. 2020, Ch. 157, Sec. 1. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 1 - General Provisions › Section 301.

301. (a)  This chapter is applicable to this division, Division 1.1 (commencing with Section 1000), Division 1.2 (commencing with Section 2000), Division 1.6 (commencing with Section 4800), Division 5 (commencing with Section 14000), Division 7 (commencing with Section 18000), and Division 15 (commencing with Section 31000).
(b) Except as provided in subdivision (c), this article, and Articles 2 (commencing with Section 320) and 3 (commencing with Section 350) are applicable to the administration of laws by the Division of Corporations.
(c) Sections 329, 330, 332, 335, 336, 357, 378, 379, and 381 are not applicable to the Division of Corporations.
(Amended by Stats. 2013, Ch. 353, Sec. 47. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 320.

320. (a)  The chief officer of the Department of Financial Protection and Innovation is the Commissioner of Financial Protection and Innovation. The Commissioner of Financial Protection and Innovation is the head of the department with the authority and responsibility over all officers, employees, and activities in the department and, except as otherwise provided in this code and the Corporations Code, is subject to the provisions of the Government Code relating to department heads.
(b) The Commissioner of Financial Protection and Innovation shall employ legal counsel to act as the attorney for the commissioner in actions or proceedings brought by or against the commissioner under or pursuant to any law under the jurisdiction of the Department of Financial Protection and Innovation, or in which the commissioner joins or intervenes as to a matter within the jurisdiction of the Department of Financial Protection and Innovation, as a friend of the court or otherwise.
(c) The Commissioner of Financial Protection and Innovation shall employ stenographic reporters to take and transcribe the testimony in any formal hearing or investigation before the commissioner or before a person authorized by the commissioner.
(d) Sections 11040 and 11042 of the Government Code do not apply to the Department of Financial Protection and Innovation.
(Amended by Stats. 2020, Ch. 157, Sec. 2. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 322.

322. The commissioner is appointed by the Governor, and holds office at the pleasure of the Governor. The appointment of the commissioner is subject to confirmation by the Senate.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 323.

323. The commissioner shall be a citizen of the United States and a resident of the state for at least three years prior to his or her appointment. The commissioner shall be chosen solely for his or her qualifications and fitness to perform the duties of his or her office.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 324.

324. The annual salary of the commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 325.

325. Before entering upon the duties of his or her office, the commissioner shall take and subscribe to the constitutional oath of office and file the same with the Secretary of State.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 326.

326. (a)  The Commissioner of Financial Protection and Innovation is responsible for the performance of all duties, the exercise of all powers and jurisdiction, and the assumption and discharge of all responsibilities vested by law in the department and the divisions thereunder. The commissioner has and may exercise all the powers necessary or convenient for the administration and enforcement of, among other laws, the laws described in Section 300. The commissioner may issue rules and regulations consistent with law as the commissioner may deem necessary or advisable in executing the powers, duties, and responsibilities of the department.
(b) In addition to the authority under subdivision (a), the commissioner may bring a civil action or other appropriate proceeding, pursuant to Section 5552 of Title 12 of the United States Code, to enforce the provisions of the Consumer Financial Protection Act of 2010 (12 U.S.C. Sec. 5481 et seq.), or regulations issued by the federal Consumer Financial Protection Bureau thereunder, with respect to an entity that is licensed, registered, or subject to oversight by the commissioner, and to secure remedies under provisions of the Consumer Financial Protection Act of 2010.
(c) Nothing in this section shall be construed to expand upon or limit the authority granted by Section 5552 of Title 12 of the United States Code (Section 1042 of Subtitle D of Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act).
(Amended by Stats. 2020, Ch. 157, Sec. 4. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 327.

327. (a) The commissioner shall apply the Interagency Guidance on Nontraditional Mortgage Product Risks issued in September 2006 and the Statement on Subprime Mortgage Lending issued in June 2007 by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, and the National Credit Union Administration to state-regulated financial institutions, including, but not limited to, privately insured, state-chartered credit unions.
(b) The commissioner may issue emergency and final regulations to clarify the application of this section as soon as possible.
(c) A bank or credit union to which the commissioner applies the documents described in subdivision (a) shall adopt and adhere to policies and procedures that are reasonably intended to achieve the objectives set forth in those documents.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 328.

328. (a) The commissioner may make the agreements that he or she deems necessary or appropriate in exercising his or her powers.
(b) (1) The agreements authorized under subdivision (a) may include, but are not limited to, agreements with agencies of this state, of other states of the United States, of the United States, or of foreign nations that regulate financial institutions, relating to examinations of banks, savings associations, credit unions, industrial loan companies, and other matters.
(2) Any agreement with a government agency that regulates financial institutions is exempt from the advertising and competitive bidding requirements of the Public Contract Code.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 330.

330. The authority vested in the Superintendent of Banks under subdivision (2) of Section 1 of Article XV of the California Constitution is delegated to the commissioner.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 331.

331. The commissioner may adopt and implement any method of accepting electronic filings of applications, reports, or other matters, which, in the opinion of the commissioner, is secure. Any method of electronic filing chosen by the commissioner shall include a method to verify the identity of the person making the filing. The verification shall be deemed to satisfy all other verifications required by the commissioner, and shall have the same force and effect as the use of manual signatures.
(Amended by Stats. 2018, Ch. 699, Sec. 2. (SB 1361) Effective January 1, 2019.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 331.5.

331.5. (a) (1) A licensee subject to the commissioner’s jurisdiction shall establish and maintain an electronic service address designated for receiving communications and documents that are sent by the commissioner to licensees. This electronic service address shall be provided to the commissioner upon licensure. The electronic service address provided to the commissioner shall not be the electronic service address of any individual employee. A licensee shall have the capacity to receive an attachment that accompanies a message sent to its electronic service address, provided the size of the attachment is reasonable in relation to the technology available at the time the attachment is sent.
(2) Prior to changing the electronic service address most recently provided to the commissioner, the licensee shall notify the commissioner of the change and provide to the commissioner his or her new electronic service address. The commissioner may impose a fine of up to fifty dollars ($50) per day, not to exceed one thousand dollars ($1,000) in the aggregate, on a licensee who fails to notify the commissioner before changing his or her electronic service address or fails to provide the commissioner a new electronic service address.
(3) The commissioner shall provide each licensee that establishes and maintains an electronic service address in accordance with this section with an electronic service address designated for receiving correspondence from licensees subject to the commissioner’s jurisdiction. This service address shall have the capacity to receive an attachment that accompanies a message sent by the licensee, provided the size of the attachment is reasonable in relation to the technology available at the time the attachment is sent.
(b) A communication sent to an electronic service address established pursuant to this section does not satisfy any notice requirement, or displace any law or regulation, that requires notice to be served in a different manner, if a hearing right attaches to the notice.
(Added by Stats. 2018, Ch. 699, Sec. 3. (SB 1361) Effective January 1, 2019.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 333.

333. The powers of supervision and examination of all licensees are vested in the commissioner.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 334.

334. The commissioner may promulgate or waive such rules and regulations as may be reasonable or necessary to carry out his or her duties and responsibilities.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 335.

335. (a) The commissioner, whenever in his or her opinion such action is necessary or appropriate to carry out his or her duties, may call a meeting of the board of directors of a licensee.
(b) A meeting of the board of a licensee called by the commissioner shall be held upon four days’ notice by first-class mail or 24 hours’ notice delivered personally or by telephone. The notice shall be given by the commissioner or, if the commissioner so orders, by an officer of the licensee.
(c) A meeting of the board of a licensee called by the commissioner shall be held at a place within this state as may be designated by the commissioner and specified in the notice of the meeting.
(d) The expenses of a meeting of the board of a licensee called by the commissioner shall be paid by the licensee.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 336.

336. The commissioner may, at any time, require a licensee to write down any asset held by the licensee to a valuation that will represent the asset’s then fair market value.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 2 - Commissioner of Financial Protection and Innovation › Section 337.

337. (a) The commissioner, when conducting examinations under Section 500, 14250, 16150, or 16700, shall examine a licensee that maintains a correspondent account or payable-through account for compliance with the federal Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195), associated federal regulations, and any related presidential executive orders. If the commissioner finds that a licensee is in violation, the commissioner may bring an action in accordance with Section 566, 14302, 16200, or 16900, and shall forward evidence of the violation to the United States Department of the Treasury. For purposes of this section, “correspondent account” and “payable-through account” have the meanings given those terms in Section 5381A of Title 31 of the United States Code.
(b) This section shall become inoperative if both of the following conditions occur:
(1) Iran is removed from the United States Department of State’s list of countries that have been determined to repeatedly provide support for acts of international terrorism.
(2) Pursuant to the appropriate federal statute, the President determines and certifies to the appropriate committee of the United States Congress that Iran has ceased its efforts to design, develop, manufacture, or acquire a nuclear explosive device or related materials and technology.
(Added by Stats. 2013, Ch. 139, Sec. 2. (AB 978) Effective January 1, 2014. Conditionally inoperative by its own provisions.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 3 - Deputies and Employees › Section 350.

350. The chief deputy shall be appointed by the Governor and hold office at the pleasure of the Governor. The annual salary of the chief deputy shall be fixed by the Governor.
(Amended by Stats. 2013, Ch. 353, Sec. 50. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 3 - Deputies and Employees › Section 351.

351. (a) The chief officer of the Division of Corporations and Financial Institutions is the Senior Deputy Commissioner of Financial Protection and Innovation for the Division of Corporations and Financial Institutions. The Senior Deputy Commissioner of Financial Protection and Innovation for the Division of Corporations and Financial Institutions shall be appointed by the Governor, subject to Senate confirmation, and shall hold office at the pleasure of the Governor. The Senior Deputy Commissioner of Financial Protection and Innovation for the Division of Corporations and Financial Institutions shall receive an annual salary as fixed by the Governor.
(b) The chief officer of the Division of Consumer Financial Protection is the Senior Deputy Commissioner of Financial Protection and Innovation for the Division of Consumer Financial Protection. The Senior Deputy Commissioner of Financial Protection and Innovation for the Division of Consumer Financial Protection shall be appointed by the Governor, subject to Senate confirmation, and shall hold office at the pleasure of the Governor. The Senior Deputy Commissioner of Financial Protection and Innovation for the Division of Consumer Financial Protection shall receive an annual salary as fixed by the Governor.
(Amended by Stats. 2020, Ch. 157, Sec. 5. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 3 - Deputies and Employees › Section 352.

352. The commissioner may employ deputies in addition to the chief deputy, and examiners, appraisers, technical assistants, investigators, administrative assistants, clerks, and other employees that he or she may need to discharge in a proper manner the duties imposed upon him or her by law. He or she shall prescribe their duties and fix their compensation in accordance with classifications made by the State Personnel Board. The commissioner may also, at those times and on those terms as may be approved by the Governor, employ those attorneys as he or she may need.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 3 - Deputies and Employees › Section 353.

353. Before entering upon the duties of his or her office each deputy and examiner shall take and subscribe to the constitutional oath of office.
(Amended by Stats. 2013, Ch. 353, Sec. 53. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 3 - Deputies and Employees › Section 354.

354. The commissioner may require, at any time, of any deputy, examiner, or other employee of the department, an official bond in such amount as the commissioner may deem necessary. The premium for bonds required by the commissioner shall be an expense of the department.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 3 - Deputies and Employees › Section 356.

356. If the commissioner is unable to perform his or her duties for more than 30 consecutive days or if the office of the commissioner becomes vacant, the chief deputy shall have all the powers and duties of the commissioner until the return or recovery of the commissioner, or, in case of a vacancy, until a new commissioner is appointed by the Governor and qualifies to hold office.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 3 - Deputies and Employees › Section 357.

357. If a deputy commissioner or any examiner has knowledge of the insolvency or unsafe condition of any licensee and willfully fails to report that fact to the commissioner in writing, he or she is guilty of a felony.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 4 - Administration of the Department › Section 370.

370. The commissioner may have an office in the City of Sacramento, the City of Los Angeles, the City of San Diego, the City and County of San Francisco, or any other location in the state that he or she considers appropriate. The commissioner shall provide at the expense of the department such office space, furniture, and equipment as may be necessary or convenient for the transaction of the business of the department.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 4 - Administration of the Department › Section 372.

372. The department may expend moneys in accordance with law for the necessary travel expenses of officers and employees of the department while traveling in the line of their duties either within or without the state.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 4 - Administration of the Department › Section 373.

373. The commissioner shall adopt and keep an official seal. Papers executed by the commissioner in his or her official capacity pursuant to law and bearing the seal, or copies thereof certified by him or her, shall be received in evidence in like manner as the original and may be recorded in the same manner and with the same effect as a deed regularly acknowledged.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 4 - Administration of the Department › Section 374.

374. (a) Whenever it is necessary for the commissioner to approve any instrument and to affix his or her official seal thereto, the commissioner shall charge a fee of twenty-five dollars ($25) therefor.
(b) Whenever it is proper for the department to furnish a copy of any paper that has been filed therein and to certify to the paper, the commissioner may charge twenty-five cents ($0.25) for each page copied.
(c) Whenever the commissioner is required or requested to certify copies of documents, the commissioner may charge a fee of twenty-five dollars ($25) for certifying the copied documents and for affixing his or her official seal.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 4 - Administration of the Department › Section 375.

375. Official reports made by the commissioner and verified reports of an examination made by the commissioner, exclusively or in conjunction with or with assistance from any agency of the United States, of a state of the United States, or of a foreign nation are prima facie evidence of the facts stated in the reports for all purposes.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 4 - Administration of the Department › Section 377.

377. Notwithstanding any other provision of this code, whenever any provision of the Financial Institutions Law requires the pledge of securities to be deposited with the Treasurer, to ensure the performance of any act or duty, the securities after first being approved by the commissioner and upon the written order of the commissioner, shall be deposited with the Treasurer. The Treasurer, with the consent of the owner of the securities deposited or to be deposited with the Treasurer, may place the securities in the custody of a qualified trust company or bank in the same manner and under the same conditions provided in Article 3 (commencing with Section 16550) of Chapter 4 of Part 2 of Division 4 of Title 2 of the Government Code.
(Amended by Stats. 2013, Ch. 334, Sec. 22. (SB 537) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 1 - FINANCIAL INSTITUTIONS › CHAPTER 3 - Department of Financial Protection and Innovation › ARTICLE 4 - Administration of the Department › Section 378.

378. Whenever the commissioner is notified of or discovers a violation of the state law punishable by criminal penalties, he or she shall promptly advise the Attorney General.
(Added by Stats. 2011, Ch. 243, Sec. 2. (SB 664) Effective January 1, 2012.)