reglab/statecodes huggingface dataset:
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 4 - Licensee Regulations › Section 12327.

12327. Nothing in this division shall be deemed to authorize the performance, directly or indirectly, of an act or acts constituting the practice of law by a prorater, business agent, check seller, or by any person, firm, corporation or organization described, or engaging in a transaction specified in subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 12100.
Without limiting the generality of the foregoing and other applicable laws, the following act or acts, when done by the owner, manager or employee of a prorater, in connection with a prorating transaction, shall be deemed to constitute the unlawful practice of law:
(a) Preparation, advising or signing of a release of attachment or garnishment, stipulation, affidavit for exemption, compromise agreement or other legal or court document;
(b) The furnishing of legal advice or performance of legal services of any kind.
No prorater (including an owner, manager or employee of a prorater) shall (1) represent that he or she is authorized or competent to furnish legal advice or perform legal services; (2) assume authority on behalf of creditors or a debtor or accept a power of attorney authorizing it to employ or terminate the services of an attorney or to arrange the terms of or compensate for such services; (3) communicate with the debtor or creditor or any other person in the name of an attorney or upon the stationery of an attorney or prepare any form or instrument which only attorneys are authorized to prepare.
(Amended by Stats. 1983, Ch. 660, Sec. 12.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 4 - Licensee Regulations › Section 12328.

12328. (a) No collection agency may be maintained in the same premises as a prorating organization unless such prorating organization is exempt under the provisions of this division.
(b) No prorater’s license shall be issued to a collection agency.
(Added by Stats. 1957, Ch. 498.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 4 - Licensee Regulations › Section 12329.

12329. It shall be unlawful for any prorater to disclose the list of creditors of a debtor to any individual or firm for the purpose of soliciting the accounts and such disclosure shall be ground for revocation of license.
(Added by Stats. 1957, Ch. 498.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 4 - Licensee Regulations › Section 12330.

12330. The commissioner shall have power and authority to promulgate rules and regulations governing the form and wording of advertising to be used by proraters. The issuance, distribution or placement of any advertising by a prorater which is in conflict with such rules and regulations shall be ground for the revocation of its license.
(Added by Stats. 1957, Ch. 498.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 4 - Licensee Regulations › Section 12331.

12331. Within the organization of each prorater corporation, either as an owner, officer, or employee, there shall be one or more persons possessing a minimum of five years experience in consumer credit extension or credit collection activity. At least one such qualified person shall be stationed on duty at each business location during the time the location is open for business.
(Repealed and added by Stats. 1972, Ch. 1285.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 4 - Licensee Regulations › Section 12332.

12332. (a) It is unlawful for any person to knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the administration or enforcement of any provision of this division.
(b) It is unlawful for any person to knowingly make an untrue statement to the commissioner during the course of licensing, investigation, or examination, with the intent to impede, obstruct, or influence the administration or enforcement of any provision of this division.
(Added by Stats. 2007, Ch. 101, Sec. 15. Effective January 1, 2008.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 5 - Revocation of Licenses › Section 12400.

12400. The commissioner may, upon reasonable opportunity to be heard, suspend or revoke any license issued pursuant to this division, if he finds that:
(a) The licensee has failed to report within 10 days the establishment of a mobile unit, branch office, or agency location, or has failed upon demand of the commissioner pursuant to Section 12301.4 of this code to terminate and cancel any agency.
(b) The licensee has violated any provision of this division or any rule or regulation made by the commissioner under and with the authority of this division.
(c) Any fact or condition exists which, if it had existed at the time of the original application for such license, reasonably would have warranted the commissioner in refusing originally to issue such license.
(Amended by Stats. 1968, Ch. 869.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 5 - Revocation of Licenses › Section 12401.

12401. The commissioner may upon three days’ notice and a hearing, suspend any license for a period not exceeding 30 days, pending investigation.
(Enacted by Stats. 1951, Ch. 364.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 5 - Revocation of Licenses › Section 12401.1.

12401.1. The commissioner may by order summarily suspend or revoke the license of a licensee who fails to pay the license fee prescribed by Section 12214 within 10 days after notice by the commissioner that such fee is due and payable. If, after such an order is made, a request for hearing is filed in writing and hearing is not held within 60 days thereafter, the order is rescinded as of its effective date.
(Amended by Stats. 1972, Ch. 644.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 5 - Revocation of Licenses › Section 12402.

12402. Except where a shorter time for setting the hearing is prescribed in this division, all hearings under this division shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code and in all cases the commissioner shall have all the powers granted therein.
(Enacted by Stats. 1951, Ch. 364.)
2023 California Code › Financial Code - FIN › DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS › CHAPTER 5 - Revocation of Licenses › Section 12404.

12404. (a) The commissioner may, after appropriate notice and opportunity for hearing, by order, censure or suspend for a period not exceeding 12 months, or bar from any position of employment, management, or control any licensee, any nonprofit community service organization subject to Section 12104, or any other person, if the commissioner finds either of the following:
(1) That the censure, suspension, or bar is in the public interest and that the person has committed or caused a violation of this division or rule or order of the commissioner, which violation was either known or should have been known by the person committing or causing it or has caused material damage to the licensee, nonprofit community service organization, or to the public.
(2) That the person has been convicted of or pleaded nolo contendere to any crime, or has been held liable in any civil action by final judgment, or any administrative judgment by any public agency, if that crime or civil or administrative judgment involved any offense involving dishonesty, fraud, or deceit, or any other offense reasonably related to the qualifications, functions, or duties of a person engaged in the business in accordance with the provisions of this division.
(b) Within 15 days from the date of a notice of intention to issue an order pursuant to subdivision (a), the person may request a hearing under the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code). Upon receipt of a request, the matter shall be set for hearing to commence within 30 days after such receipt unless the person subject to this division consents to a later date. If no hearing is requested within 15 days after the mailing or service of such notice and none is ordered by the commissioner, the failure to request a hearing shall constitute a waiver of the right to a hearing.
(c) Upon receipt of a notice of intention to issue an order pursuant to this section, the person who is the subject of the proposed order is immediately prohibited from engaging in any activities subject to licensure or exempt from licensure under Section 12104 of the law.
(d) Persons suspended or barred under this section are prohibited from participating in any business activity of a licensee or a person exempt from licensure under Section 12104 and from engaging in any business activity on the premises where a licensee or a person exempt from licensure under Section 12104 is conducting business.
(Added by Stats. 2007, Ch. 101, Sec. 16. Effective January 1, 2008.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 1 - Intent › Section 13000.

13000. It is the intent of the Legislature in enacting this division to enhance the safety of consumers using automated teller machines in California without discouraging the siting of automated teller machines in locations convenient to consumers’ homes and workplaces. Since decisions concerning safety at automated teller machine sites are inherently subjective and because safety is a relative matter, the Legislature intends to establish as the standard of care applicable to operators of automated teller machines, in connection with user safety, the substantial compliance with the objective standards of Chapter 4 (commencing with Section 13040), the information requirements of Chapter 5 (commencing with Section 13050), and the good faith consideration of other safety issues as prescribed in Chapter 3 (commencing with Section 13030). The Legislature further recognizes the need for uniformity as to the establishment of automated teller machine safety standards and intends with this division to supersede and preempt any rule, regulation, code, statute, or ordinance of any city, county, city and county, municipality, or local agency regarding customer safety at automated teller machines in California.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 2 - Definitions › Section 13020.

13020. As used in this division:
(a) “Access area” means any paved walkway or sidewalk which is within 50 feet of an automated teller machine. The term does not include publicly maintained sidewalks or roads, as defined in Section 555 or Section 527 of the Vehicle Code.
(b) “Access device” shall have the same meaning as set forth in Federal Reserve Board Regulation E (12 C.F.R. Part 205), promulgated pursuant to the Electronic Fund Transfer Act (15 U.S.C. 1601 et seq.).
(c) “Automated teller machine” means any electronic information processing device located in California which accepts or dispenses cash in connection with a credit, deposit, or convenience account. The term does not include devices used solely to facilitate check guarantees or check authorizations, or which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by a store cashier.
(d) “Candlefoot power” means the light intensity of candles on a horizontal plane at 36 inches above ground level and five feet in front of the area to be measured.
(e) “Control” of an access area or defined parking area means to have the present authority to determine how, when, and by whom it is to be used, and how it is to be maintained, lighted, and landscaped.
(f) “Customer” means a natural person to whom an access device has been issued for personal, family, or household use.
(g) “Defined parking area” means that portion of any parking area open for customer parking which is (1) contiguous to an access area with respect to an automated teller machine; (2) regularly, principally, and lawfully used for parking by users of the automated teller machine while conducting automated teller machine transactions during hours of darkness; and (3) owned or leased by the operator of the automated teller machine or owned or controlled by the party leasing the automated teller machine site to the operator. The term does not include any parking area which is not open or regularly used for parking by users of the automated teller machine who are conducting automated teller machine transactions during hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple level parking area satisfies the conditions of this subdivision and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the automated teller machine to be the most directly accessible to the users of the automated teller machine shall be a defined parking area.
(h) “Hours of darkness” means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise.
(i) “Operator” means any bank, savings association, credit union, industrial loan company, savings bank, or other business entity, or any person who operates an automated teller machine.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 3 - Location and Installation › Section 13030.

13030. On or before July 1, 1991, with respect to all existing installed automated teller machines in this state, and any automated teller machines installed after July 1, 1991, the operator shall adopt procedures for evaluating the safety of the automated teller machine. These procedures shall include a consideration of the following:
(a) The extent to which the lighting for the automated teller machine complies or will comply with the standards required by Chapter 4 (commencing with Section 13040).
(b) The presence of landscaping, vegetation, or other obstructions in the area of the automated teller machine, the access area, and the defined parking area.
(c) The incidence of crimes of violence in the immediate neighborhood of the automated teller machine, as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 3 - Location and Installation › Section 13031.

13031. It is not the intent of the Legislature in enacting this chapter to impose a duty to relocate or modify automated teller machines upon the occurrence of any particular events or circumstances, but rather to establish a standard of good faith for the evaluation of all automated teller machines as provided herein.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 4 - Lighting › Section 13040.

13040. (a) Each operator of an automated teller machine installed on or after July 1, 1991, shall comply with Section 13041 commencing on the date the automated teller machine is installed. Compliance with Section 13041 by operators as to automated teller machines existing as of July 1, 1991, shall be optional until July 1, 1993, and mandatory thereafter. This subdivision shall apply to an operator of an automated teller machine only to the extent that the operator controls the access area or defined parking area to be lighted.
(b) If an access area or a defined parking area is not controlled by the operator of the automated teller machine, and if the person who leased the automated teller machine site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with Section 13041 as to any automated teller machine installed on or after July 1, 1991, commencing on the date the automated teller machine is installed; and as to any automated teller machine existing as of July 1, 1991, no later than on July 1, 1993.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 4 - Lighting › Section 13041.

13041. The operator, owner, or other person responsible therefor, shall provide lighting during hours of darkness with respect to an open and operating automated teller machine and any defined parking area, access area, and the exterior of an enclosed automated teller machine installation according to the following standards:
(a) There shall be a minimum of 10 candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward five feet.
(b) There shall be a minimum of two candlefoot power within 50 feet from all unobstructed directions from the face of the automated teller machine. In the event the automated teller machine is located within 10 feet of the corner of the building and the automated teller machine is generally accessible from the adjacent side, there shall be minimum of two candlefoot power along the first 40 unobstructed feet of the adjacent side of the building.
(c) There shall be a minimum of two candlefoot power in that portion of the defined parking area within 60 feet of the automated teller machine.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 5 - Consumer Education › Section 13050.

13050. Customers receiving access devices shall be furnished by the respective issuers thereof with notices of basic safety precautions which customers should employ while using an automated teller machine. This information shall be furnished by personally delivering or by mailing the information to each customer whose mailing address as to the account to which the access device relates is in this state. This information shall be furnished with respect to access devices issued on or after July 1, 1991, at or before the time the customer is furnished with his or her access device. With respect to a customer to whom an “accepted access device” (as defined in Federal Reserve Board Regulation E) has been issued prior to July 1, 1991, the information shall be delivered or mailed to the customer on or before December 31, 1991. Only one notice need be furnished per household, and if access devices are furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for the access devices, only a single notice need be furnished in satisfaction of the notification responsibilities as to all those customers. The information may be included with other disclosures related to the access device furnished to the customer, such as with any initial or periodic disclosure statement furnished pursuant to the Electronic Fund Transfer Act.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 6 - Exemptions › Section 13060.

13060. The provisions of this division shall not apply with respect to any automated teller machine which is:
(a) Located inside of a building, unless it is a freestanding installation which exists for the sole purpose of providing an enclosure for the automated teller machine.
(b) Located inside of a building, except to the extent a transaction can be conducted from outside the building.
(c) Located in any area, including any access area, building, enclosed space, or parking area which is not controlled by the operator.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4 - AUTOMATED TELLER MACHINES: USER SAFETY › CHAPTER 7 - Effect of Compliance › Section 13070.

13070. This division supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, cities and counties, municipalities, and local agencies regarding customer safety at automated teller machines located in California.
(Added by Stats. 1990, Ch. 825, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 4.5 - AUTOMATED TELLER MACHINE SURCHARGE DISCLOSURE › Section 13080.

13080. (a) No operator of an automated teller machine (ATM) in this state shall impose any surcharge upon a customer for the usage of that machine whether or not the customer is using an access device issued by that operator unless that surcharge is clearly disclosed to the customer electronically on the automated teller machine. Unless the disclosure is made prior to the customer being obligated to pay the surcharge, the customer shall be provided an opportunity to cancel that transaction without incurring any surcharge. This subdivision does not apply to a point of sale transaction at an ATM.
(b) If the sale of a good or service is conducted at the ATM, the operator of that ATM shall disclose to the customer electronically on the ATM the total price of the good or service and any fee charged solely for the usage of the ATM. Unless the disclosure is made prior to the customer being obligated to pay for the good or service, the customer shall be provided with an opportunity to cancel the transaction without incurring any obligation.
(c) If a surcharge is imposed on a customer using an access device not issued by the operator, the operator shall disclose that the customer may also be charged an additional fee by his or her own institution.
(d) As used in this section, “operator,” “automated teller machine,” “customer,” and “access device” have the meanings set forth in Section 13020. The term “surcharge” means any charge imposed by the operator of the ATM solely for use of the ATM. The term “service” includes, but is not limited to, receiving a statement of account activity.
(Amended by Stats. 1996, Ch. 98, Sec. 1. Effective January 1, 1997. Operative July 1, 1997, by Sec. 2 of Ch. 98.)
2023 California Code › Financial Code - FIN › DIVISION 4.5 - AUTOMATED TELLER MACHINE SURCHARGE DISCLOSURE › Section 13081.

13081. (a) In enacting this section, the Legislature finds and declares all of the following:
(1) It is in the best interest of consumers in this state to be aware of fees they may be charged for using point-of-sale devices prior to being obligated to pay those fees.
(2) In 1996, the Legislature enacted Assembly Bill 3366 (Chapter 98 of the Statutes of 1996), which required operators of automatic teller machines (ATMs) to electronically disclose fees for transactions at those ATMs. That legislation did not require disclosure of fees at point-of-sale devices.
(3) In order to maximize consumer awareness of fees at point-of-sale devices, and to create equity between operators of ATMs and operators of point-of-sale devices, it is the intent of the Legislature in enacting this section to require the maximum feasible disclosure of fees at point-of-sale devices.
(b) No operator of a point-of-sale device in this state shall impose any fee upon a customer for the use of that device unless that fee is disclosed to the customer prior to the customer being obligated to pay for any goods or services. That disclosure shall be placed on or at the point-of-sale device as follows:
(1) For all point-of-sale devices, the fee disclosure shall be on a label meeting federal standards.
(2) For point-of-sale devices purchased on or after January 1, 2001, that have electronic displays, the fee disclosure shall also be electronic.
(c) For purposes of this section, the term “point-of-sale device” includes any device used for the purchase of a good or service where a personal identification number (PIN) is required, but does not include an access device as defined in subdivision (b) of Section 13020.
(d) For the purposes of this section, the term “operator of a point-of-sale device” means the person who imposes the fee on a customer for using a point-of-sale device to pay for a good or service.
(Amended by Stats. 1998, Ch. 485, Sec. 71. Effective January 1, 1999.)
2023 California Code › Financial Code - FIN › DIVISION 4.5 - AUTOMATED TELLER MACHINE SURCHARGE DISCLOSURE › Section 13083.

13083. (a) Subject to the requirements of Section 13080, an agreement to operate or share an automated teller machine may not prohibit, limit, or restrict the right of the operator or owner of the automated teller machine to charge a customer conducting a transaction using an account from a financial institution that is located outside the United States an access fee or surcharge not otherwise prohibited under state or federal law.
(b) Notwithstanding subdivision (a), nothing in this section shall be construed to prohibit or otherwise limit the ability of an operator or owner of an automated teller machine to voluntarily enter into an agreement regarding participation in a surcharge free network.
(c) For purposes of this section, the terms “operator” and “automated teller machine” have the meanings set forth in Section 13020.
(d) For the purposes of this section, the term “owner” means any entity that is not an operator under Section 13020, but that owns an automated teller machine.
(Added by Stats. 2005, Ch. 256, Sec. 1. Effective January 1, 2006.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14001.1.

14001.1. This division is applicable to any person, other than a federal credit union engaging in the business of a credit union in this state. For purposes of this division, “person” shall have the meaning set forth in Section 5065 of the Corporations Code.
(Added by Stats. 2002, Ch. 734, Sec. 3. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14001.5.

14001.5. If and to the extent that any provision of this division is preempted by federal law, the provision shall not apply and shall not be enforced.
(Added by Stats. 2002, Ch. 734, Sec. 4. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14002.

14002. A credit union is a cooperative, organized for the purposes of promoting thrift and savings among its members, creating a source of credit for them at rates of interest set by the board of directors, and providing an opportunity for them to use and control their own money on a democratic basis in order to improve their economic and social conditions. As a cooperative, a credit union conducts its business for the mutual benefit and general welfare of its members with the earnings, savings, benefits, or services of the credit union being distributed to its members as patrons.
(Amended by Stats. 1984, Ch. 209, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14002.5.

14002.5. (a) Except as provided in subdivision (b), all provisions of law applicable to nonprofit mutual benefit corporations generally (including, but not limited to, the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code)) shall apply to credit unions. However, whenever any provision of this division applicable to credit unions is inconsistent with any provision of law applicable to nonprofit mutual benefit corporations generally, the provision of this division shall apply and the inconsistent provision of law applicable to nonprofit mutual benefit corporations generally shall not apply to a credit union.
(b) Notwithstanding the provisions of subdivision (a), the following provisions of the Corporations Code are not applicable to credit unions:
(1) Section 7131.
(2) Subdivision (a) of Section 7132.
(3) Section 7142.
(4) Subdivision (c) of Section 7223.
(5) Subdivision (c) of Section 7225.
(6) Article 4 (commencing with Section 7240) of Chapter 2 of Part 3 of Title 1.
(7) Chapter 11 (commencing with Section 8110) of Part 3 of Division 2 of Title 1.
(8) Chapter 16 (commencing with Section 8610) of Part 3 of Division 2 of Title 1.
(9) Chapter 17 (commencing with Section 8710) of Part 3 of Division 2 of Title 1.
(Added by Stats. 2002, Ch. 734, Sec. 5. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14003.

14003. “Commissioner” means the Commissioner of Financial Protection and Innovation.
(Amended by Stats. 2022, Ch. 452, Sec. 114. (SB 1498) Effective January 1, 2023.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14004.

14004. “Impaired capital” means that the losses or projected losses of a credit union are such that the book value of a member’s share is reduced below 100 percent of the monetary amount of that share when initially purchased plus any accumulated dividends.
(Added by Stats. 1982, Ch. 716, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14005.

14005. Unless otherwise defined in this division, “insolvent” means a credit union has ceased to pay its debts in the ordinary course of business, or cannot pay its debts as they become due, or is insolvent within the meaning of the federal bankruptcy law.
(Added by Stats. 1982, Ch. 716, Sec. 2.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14006.

14006. “Credit manager” means a natural person approved by the board of directors and employed by a credit union to supervise the lending activities of the credit union in accordance with the loan policies established by the board of directors and consistent with the applicable state and federal law and regulations. A credit manager may be but is not required to be a member of the credit union.
(Added by Stats. 1982, Ch. 691, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 14007.

14007. “Obligation” means any contractual obligation to the credit union for money borrowed or credit extended or guaranteed from its members, including, but not limited to, loans, lines of credit, agreements to extend credit, and lease agreements.
(Added by Stats. 1984, Ch. 789, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 2 - General › Section 14050.

14050. The use by any person, other than those authorized by this division, of any name or title which contains the phrase “credit union,” is a misdemeanor. Nonprofit associations, which are formed for the mutual benefit and protection of credit unions, by credit unions organized under this division, or under the provisions of the statutes of the United States applicable to credit unions or any nonprofit association formed for the mutual benefit and protection of credit union employees by bona fide employees of credit unions, may use the phrase “credit union” in the name or title designating any such association.
(Added by Stats. 1979, Ch. 112.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 2 - General › Section 14051.

14051. Any person who willfully and knowingly makes, circulates, or transmits to another or others any statement or rumor, written, printed or by word of mouth, which is untrue in facts and is directly or by inference derogatory to the financial condition or affects the solvency or financial standing of any credit union doing business in this state, or who knowingly counsels, aids, procures, or induces another to start, transmit, or circulate any such statement or rumor, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.
(Added by Stats. 1979, Ch. 112.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 1 - General Provisions › ARTICLE 2 - General › Section 14052.

14052. In addition to the powers enumerated in this division, every credit union has the general powers conferred upon corporations by the Nonprofit Mutual Benefit Corporation Law of this state unless restricted by this division.
(Amended by Stats. 1981, Ch. 714, Sec. 131.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14100.

14100. (a) Credit unions shall be incorporated under the Nonprofit Mutual Benefit Corporation Law of this state.
(b) The Secretary of State shall not file the articles of incorporation of a credit union organized pursuant to subdivision (a) unless the approval of the commissioner is endorsed thereon.
(c) The Secretary of State shall not file articles of incorporation setting forth a name in which “credit union” or related words appear unless the approval of the commissioner is attached. This section shall not apply to the articles of any corporation subject to the California Credit Union Law on which the approval of the commissioner is endorsed.
(Amended by Stats. 2002, Ch. 734, Sec. 6. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14101.

14101. The articles of incorporation of every credit union shall set forth the following:
(a) The name of the corporation, which shall include the phrase “credit union.”
(b) (1) The following statement:
The purpose of the corporation is to engage in credit union business and any other lawful activities which are not prohibited to a credit union by applicable laws or regulations.
(2) By December 31, 2003, each credit union that immediately prior to the enactment of this section was authorized to operate as a credit union shall amend its articles to comply with the provisions of paragraph (1). Notwithstanding Section 7813.5 of the Corporations Code, the amendment of the articles of a credit union as required by paragraph (1) may be adopted by approval of the board alone.
(c) The name and street address in this state of the corporation’s initial agent for service of process in accordance with subdivision (b) of Section 8210 of the Corporations Code.
(d) The names and addresses of five or more persons appointed to act as initial directors.
(e) The street address of the corporation.
(f) The mailing address of the corporation, if different from the street address.
(Amended by Stats. 2012, Ch. 494, Sec. 53. (SB 1532) Effective January 1, 2013.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14101.2.

14101.2. (a) The articles shall be signed by each director named in the articles, acknowledged pursuant to Section 5030 of the Corporations Code and filed in the office of the Secretary of State.
(b) Corporate existence shall begin upon the filing of the articles and shall continue perpetually, unless otherwise expressly provided by law.
(Amended by Stats. 2002, Ch. 734, Sec. 8. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14101.4.

14101.4. (a) The provisions of Section 14101, except as provided in subdivision (b) of that section, shall not apply to a credit union organized prior to January 1, 1981, but the articles of the credit union shall continue to be governed by the law applicable as of December 31, 1980, until an amendment of its articles pursuant to subdivision (b).
(b) Except as provided in subdivision (b) of Section 14101, a credit union organized prior to January 1, 1981, may amend its articles to conform to Section 14101 except that an initial agent for service of process shall not be set forth and the names and addresses of initial directors shall be deleted. The amendment may be adopted by the board of directors alone.
(Amended by Stats. 2002, Ch. 734, Sec. 9. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14101.8.

14101.8. (a) No amendment of the articles of a credit union shall become effective unless the certificate of amendment or other instrument setting forth the amendment is filed with the Secretary of State with the commissioner’s approval endorsed thereon. The amendment shall become effective upon being filed with the Secretary of State. Promptly after the amendment becomes effective, the credit union shall file with the commissioner a copy of the certificate of amendment or other instrument certified by the Secretary of State.
(b) An amendment of the articles set forth in an agreement of merger that requires the approval of the commissioner shall not be subject to the provisions of subdivision (a). An amendment meeting this criteria shall become effective at the time the merger becomes effective, pursuant to this division.
(Added by Stats. 2002, Ch. 734, Sec. 10. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14102.

14102. (a) Amendments to the articles of incorporation of any credit union may be adopted by resolution of the board of directors, which is also adopted by a vote of a majority of the members of the credit union present, in person or by proxy, as provided in the credit union’s bylaws, at any regular or special meeting of the members for which notice of the proposed amendments has been given; provided, however, that a minimum vote of at least 10 percent of the entire membership entitled to vote on the question votes in favor of the amendment and those voting in favor of the amendment constitute a majority of the members participating in the vote.
(b) The commissioner may approve the amendment according to the resolution adopted by the board of directors if approved by less than 10 percent of the entire membership as provided in this section if the commissioner finds, upon the written and verified application filed by the board of directors, that (1) notice of the meeting called to consider the amendment or the ballot for written vote on the amendment was mailed to each member entitled to vote upon the question, (2) the notice or ballot disclosed the purpose of the meeting or the written vote, (3) the notice or ballot informed the membership that approval of the amendment might be sought pursuant to this section, and (4) a majority of the votes cast upon the question were in favor of the amendment.
(c) Notwithstanding subdivision (a) and Section 7812 of the Corporations Code, a credit union may amend its articles of incorporation to change its name with the approval of its board of directors and without the approval of its members.
(Amended by Stats. 1998, Ch. 539, Sec. 1. Effective January 1, 1999.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14102.2.

14102.2. (a) No restated articles of a credit union shall become effective unless the certificate setting forth the restated articles, with the commissioner’s approval endorsed thereon, is filed with the Secretary of State. The restated articles shall become effective upon being filed with the Secretary of State.
(b) Promptly after the restated articles become effective, the credit union shall file with the commissioner a copy of the certificate setting forth the restated articles, certified by the Secretary of State.
(Added by Stats. 2002, Ch. 734, Sec. 11. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14102.4.

14102.4. (a) No certificate of correction of a credit union shall become effective unless the certificate, with the commissioner’s approval endorsed thereon, is filed with the Secretary of State. The certificate of correction shall become effective upon being filed with the Secretary of State.
(b) Promptly after the certificate of correction becomes effective, the credit union shall file with the commissioner a copy of the certificate of correction, certified by the Secretary of State.
(Added by Stats. 2002, Ch. 734, Sec. 12. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14102.6.

14102.6. (a) No certificate of revocation by a credit union shall become effective unless the certificate, with the commissioner’s approval endorsed thereon, is filed with the Secretary of State. The certificate of revocation shall become effective upon being filed with the Secretary of State.
(b) Promptly after the certificate of revocation becomes effective, the credit union shall file with the commissioner a copy of the certificate of revocation, certified by the Secretary of State.
(Added by Stats. 2002, Ch. 734, Sec. 13. Effective September 20, 2002.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 1 - Incorporation and Bylaws › Section 14103.

14103. The bylaws shall prescribe the manner in which the business of the credit union shall be conducted with reference to the following matters:
(a) The purpose of the credit union.
(b) The qualification for membership.
(c) Determination of the month, time, and place of the annual meeting; the manner of conducting meetings; the method by which members shall be notified of meetings; and the number of members which shall constitute a quorum.
(d) The authorized number of directors, the number of directors necessary to constitute a quorum, and the powers and duties of officers elected by the directors.
(e) The membership, powers, and duties of the supervisory or audit committee, as applicable.
(f) The membership, powers, and duties of the credit committee or if applicable, the general powers, responsibilities, and duties of the credit manager.
(g) The manner in which the bylaws may be amended.
(Amended by Stats. 2017, Ch. 561, Sec. 57. (AB 1516) Effective January 1, 2018.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 2 - Certificate to Act as a Credit Union › Section 14150.

14150. No membership shares, certificates for funds or other securities shall be issued by any credit union until it has applied for and obtained from the commissioner a certificate authorizing it to act as a credit union.
(Added by Stats. 1979, Ch. 112.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 2 - Certificate to Act as a Credit Union › Section 14151.

14151. Applications for a certificate to act as a credit union shall be made in writing to the commissioner, setting forth such information as the commissioner requires. The application shall be verified by one or more officers of the credit union authorized by its board of directors.
(Added by Stats. 1979, Ch. 112.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 2 - Certificate to Act as a Credit Union › Section 14153.

14153. Upon the filing of the application for a certificate to act as a credit union, the commissioner shall examine the application together with the other papers and documents filed therewith. The commissioner may make any further investigation of the applicant and its affairs that he deems advisable.
(Added by Stats. 1979, Ch. 112.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 2 - Certificate to Act as a Credit Union › Section 14154.

14154. If the commissioner determines that the applicant has satisfied the provisions of this division and does not find facts constituting reasons for denial as specified in Section 14155, the commissioner shall issue and deliver a certificate to the applicant to engage in business in accordance with the provisions of this division.
(Amended by Stats. 1980, Ch. 974, Sec. 3.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 2 - Certificate to Act as a Credit Union › Section 14155.

14155. Upon reasonable notice and opportunity to be heard, the commissioner may deny the application for a certificate to act as a credit union or an expansion of the field of membership of an existing credit union for any of the following reasons:
(a) The field of membership of the applicant is contrary to the principles of organizing credit unions, including principles of organizing credit unions based on common bond of occupation, association, or groups within a well-defined neighborhood, community or rural district.
(b) A false statement of a material fact has been made in the application for certificate.
(c) Any officer, director, or committee member of the applicant has, within the last 10 years, been (1) convicted of or pleaded nolo contendere to a crime, or (2) committed any act involving dishonesty, fraud, or deceit, which crime or act is substantially related to the qualifications, functions, or duties of a person engaged in business in accordance with the provisions of this division.
(d) The applicant or any officer, director, or committee member of the applicant has violated any provision of this division or the rules thereunder or any similar regulatory scheme of a foreign jurisdiction.
(e) The number of persons eligible for membership is less than 500.
(f) The applicant’s showing as to the economic feasibility of the proposed credit union is inadequate. Notwithstanding anything to the contrary, nothing shall prohibit a credit union from admitting to membership any corporation formed to provide services to credit unions or to credit union members in which the credit union holds shares pursuant to Sections 14650 and 14651 and any limited liability company formed to provide services to credit unions or to credit union members in which the credit union holds membership or economic interests pursuant to Section 14651.
(Amended by Stats. 1998, Ch. 539, Sec. 1.4. Effective January 1, 1999.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 2 - Formation › ARTICLE 2 - Certificate to Act as a Credit Union › Section 14156.

14156. Each certificate issued under this division remains in full force and effect until surrendered and accepted by the commissioner, or until suspended or revoked by the commissioner.
(Amended by Stats. 1989, Ch. 516, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 5 - CREDIT UNIONS › CHAPTER 3 - Administration and Powers of the Commissioner › ARTICLE 1 - General › Section 14200.1.

14200.1. There is in the Division of Financial Institutions of the Department of Financial Protection and Innovation the Office of Credit Unions. The Office of Credit Unions has charge of the execution of the laws of this state relating to credit unions or to the credit union business.
(Amended by Stats. 2022, Ch. 452, Sec. 115. (SB 1498) Effective January 1, 2023.)