2023 California Code › Financial Code - FIN › DIVISION 1.2 - MONEY TRANSMISSION ACT › CHAPTER 5 - Eligible Securities › Section 2083.

2083. (a) In computing, for purposes of Section 2082, the aggregate value of eligible securities owned by a licensee, all of the following shall be excluded:
(1) The value of any eligible security if and to the extent that the value of the eligible security, when combined with the aggregate value of all other eligible securities owned by the licensee that are issued or guaranteed by the same person or by any affiliate of the same person by whom the eligible security is issued or guaranteed, exceeds 10 percent of the aggregate value of all eligible securities owned by the licensee.
(2) (A) Subject to subparagraph (B), the portion of the aggregate value of all eligible securities of the type described in paragraph (10) of subdivision (b) of Section 2082 that exceeds 25 percent of the aggregate value of all eligible securities owned by the licensee; and that portion of the aggregate value of agent receivables from any one person that exceeds 10 percent of the aggregate value of all eligible securities owned by the licensee, or any higher percentage that the commissioner may approve for the licensee, up to a maximum of 20 percent.
(B) If the receivable due from an agent is less than seven days old, then that portion of the aggregate value of all eligible securities of the type described in paragraph (10) of subdivision (b) of Section 2082 that exceeds 50 percent of the aggregate value of all eligible securities owned by the licensee.
(3) The portion of the aggregate value of all eligible securities of the type described in paragraph (6) of subdivision (b) of Section 2082 that exceeds 20 percent of the aggregate value of all eligible securities owned by the licensee.
(4) The portion of the aggregate value of all eligible securities of the type described in paragraph (7) of subdivision (b) of Section 2082 that exceeds 20 percent of the aggregate value of all eligible securities owned by the licensee.
(5) (A) The portion of the aggregate value of all eligible securities of the type described in paragraph (8) of subdivision (b) of Section 2082 that exceeds 20 percent of the aggregate value of all eligible securities owned by the licensee.
(B) This paragraph does not apply to either of the following:
(i) A money market fund that invests exclusively in obligations issued or guaranteed by the United States or any agency of the United States.
(ii) A money market fund rated AAA by Standard & Poor’s Corporation or the equivalent rating from any eligible rating service.
(6) The portion of the aggregate value of all eligible securities of the type described in paragraphs (6), (7), and (8) of subdivision (b) of Section 2082 that exceeds 50 percent of the aggregate value of all eligible securities owned by the licensee.
(7) The portion of the aggregate value of all eligible securities of the type described in paragraph (2) of subdivision (c) of Section 2082 that exceeds 10 percent of the aggregate value of all eligible securities owned by the licensee.
(b) Subdivision (a) shall not be deemed to require the exclusion of the value of any of the following eligible securities, and each of the following eligible securities shall be exempted from the limitations of subdivision (a):
(1) The following eligible securities:
(A) Cash.
(B) Any deposit in an insured bank, insured savings and loan association, or insured credit union.
(C) Any bond, note, or other obligation for the payment of which the full faith and credit of the United States are pledged.
(2) Any eligible security that the commissioner, in view of the financial condition of the obligor or issuer and such other factors as may in the opinion of the commissioner be relevant, finds to be of such quality that exclusion of the value of such eligible security pursuant to subdivision (a) is not necessary for the purposes of this division and which the commissioner by regulation or order exempts, in whole or in part, from the limitations of subdivision (a).
(Amended by Stats. 2023, Ch. 463, Sec. 8. (AB 1116) Effective January 1, 2024.)