reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In this Subchapter, "deed of trust" includes a mortgage,
						and terms relating to deeds of trust include the closest equivalent terms
						relating to mortgages.
1.
						Repealer of Subchapter 7 (Article 1, Sections
						16007.1.1 -
						16007.1.2) and new Subchapter 7
						(Article 1, Sections
						16007.1.1 -
						16007.1.10) filed 7-16-80;
						effective thirtieth day thereafter (Register 80, No. 29). For prior history,
						see Registers 73, No. 18 and 73, No. 9.
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53651,
						  Government Code and Chapter 20, Statutes of
						  1976.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.2 - Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this Subchapter relating to securities
						(REN) and security pools (REN) are in addition to, and are not to be construed
						as replacing or limiting, provisions of other subchapters of this Chapter
						relating to securities and security pools. For example, in case a depository
						effects a minus substitution of securities (REN), such depository and the agent
						of depository shall comply not only with the provisions of Sections
						16007.1.4 and
						16007.1.5 of this Chapter but also
						with the provisions of Article 4 of Subchapter 4 of this
						Chapter.
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Article 2, Chapter 4, Part 1, Division 2, Title 5,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.3 - Local Agencies. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 4-7-97; operative 4-7-97 pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 15).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53651,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.4 - Placing Security (REN) in Security Pool (REN)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a depository places a security (REN) in a
						security pool (REN) with an agent of depository, such depository shall deliver
						to such agent of depository each of the following:
(a) The security and, in case the depository
					 is not the payee named in the security, appropriate endorsements or other
					 documentation showing that the depository owns the security.
(b) Endorsement or assignment of the security
					 to the agent of depository.
(c)
(1) The deed of trust by which the security
					 is secured;
(2) In case the
					 depository is not the beneficiary named in the deed of trust, appropriate
					 endorsements or other documentation showing that the depository holds the
					 beneficial interest under the deed of trust; and
(3) Appropriate endorsements or other
					 documentation showing that the depository's beneficial interest under the deed
					 of trust has been recorded.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.5 - Accepting Security (REN) in Security Pool (REN)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No agent of depository shall accept a security (REN) in a
						security pool (REN) unless it first receives from the depository the documents
						called for in Section
						16007.1.4 of this Chapter and a
						duly authorized officer of such agent of depository endorses upon or attaches
						to the statement called for in Subdivision (e) of Section
						16007.1.4 of this Chapter a
						certification that he has read the statement, that he has accepted the
						statement in good faith, and that to the best of his knowledge and belief all
						the information contained in the statement is true and
						correct.
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53651,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.6 - Recording

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An agent of depository which holds a security (REN) in a
						security pool (REN) shall, if, as, and when ordered by the Administrator,
						record the assignment called for in Subdivision (d) of Section
						16007.1.4 of this Chapter with
						respect to such security (REN).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53651,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.7 - Additional Information and Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A depository which maintains a security (REN) in a
						security pool (REN) with an agent of depository shall, if, as, and when ordered
						by the Administrator, furnish to such agent of depository or to the
						Administrator information and documentation relating to such security (REN) in
						addition to the information and documentation called for in Section
						16007.1.4 of this
						Chapter.
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53651,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.8 - Quarterly Statement of Depository to Agent of Depository

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1)
					 Whenever the Administrator calls for a called report of local agency deposits
					 and securities, a depository which maintains a security pool (REN) with an
					 agent of depository shall deliver to such agent of depository a statement
					 containing the following information as of the time specified by the
					 Administrator for information in such called report:
(A) Identification of the security
					 pool.
(B) Description of each
					 security in the security pool.
(C)
					 Statement that each security in the security pool constitutes an eligible
					 security (REN).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.9 - Notification Regarding Ineligible Security (REN)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a security (REN) in a security pool (REN) which
						a depository maintains with an agent of depository ceases for any reason to be
						an eligible security (REN), such depository shall, within 10 business days,
						serve on such agent of depository a written notice to such effect and remove
						such security (REN) from such security pool by effecting a withdrawal of the
						security or, if required by the provisions of Government Code Section
						53651(m)(1),
						a substitution of securities.
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53651,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 7 - Security Pools (REN) › Article 1 - General Provisions › Section 16007.1.10 - Reliance by Agent of Depository

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
So long as an agent of depository which holds a security
						pool (REN) accepts and continues to accept in good faith from the depository
						the statements called for in Subdivision (e) of Section
						16007.1.4 and Subdivision (a) of
						Section 16007.1.8 of this Chapter, such
						agent of depository may rely upon such statements in determining for purposes
						of the Local Agency Deposit Security Law and this Chapter the eligibility as an
						eligible security (REN) and the market value of any security (REN) covered by
						the statements.
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53651,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.1 - Order to Substitute for Nonqualified Security-Issuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Administrator determines that a security
						held by an agent of depository for the purpose of securing a secured local
						agency deposit in a depository is not qualified to secure a secured local
						agency deposit, the Administrator shall issue to such depository an order to
						substitute for nonqualified security.
1.
						Repealer of former Article 1 (Sections
						16008.1.1 through
						16008.1.4, renumbering of Article 2
						to Article 1 and renumbering of Section
						16008.2.1 to
						16008.1.1 filed 3-1-73 as an
						emergency; designated effective 3-7-73 (Register 73, No. 9).
2.
						Certificate of Compliance filed 5-2-73 (Register 73, No.
						18).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.2 - Order to Substitute for Nonqualified Security-Form, Execution, and Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An order to substitute for nonqualified security shall be
						in writing, addressed to the depository and executed by the Administrator, and
						shall contain the following:
(a)
					 Description of security which the Administrator has determined is not qualified
					 to secure a secured local agency deposit; provided, however, that such
					 description need not contain the information called for in Paragraph (6)
					 Subdivision (a) of Section
					 16001.5.7 of this
					 Chapter.
(b) Statement of reasons
					 why the Administrator has determined that such security is not qualified to
					 secure a secured local agency deposit.
(c) Identification of security pool in which
					 such security is held.
(d) Order to
					 effect a plus substitution of securities with respect to such security or to
					 show in accordance with Section
					 16008.1.7 of this Chapter that such
					 substitution is not necessary, on or before the date specified in such
					 order.
1.
						Renumbering from Section
						16008.2.2 and amendment of
						subsections (a) and (d) filed 3-1-73 as an emergency; designated effective
						3-7-73 (Register 73, No. 9).
2. Certificate of Compliance filed
						5-2-73 (Register 73, No. 18).
3. Amendment of subsection (a) filed
						7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53661,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.3 - Order to Substitute for Nonqualified Security-Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An order to substitute for nonqualified security shall be
						served on the depository to which it is issued.
1.
						Renumbering from Section
						16008.2.3 filed 3-1-73 as an
						emergency; designated effective 3-7-73 (Register 73, No. 9).
2.
						Certificate of Compliance filed 5-2-73 (Register 73, No.
						18).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.4 - Hearing-Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon request filed with the Administrator by a depository
						to which an order to substitute for nonqualified security is issued, the
						Administrator shall, and upon request filed with the Administrator by any other
						person interested in such order, the Administrator may, initiate a
						hearing.
1.
						Renumbering from Section
						16008.2.4 filed 3-1-73 as an
						emergency; designated effective 3-7-73 (Register 73, No. 9).
2.
						Certificate of Compliance filed 5-2-73 (Register 73, No.
						18).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.5 - Notice of Hearing-Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of hearing shall be served on the depository to
						which the order to substitute for nonqualified security was issued and on any
						other person who has filed a request for such hearing with the
						Administrator.
1.
						Renumbering from Section
						16008.2.5 filed 3-1-73 as an
						emergency; designated effective 3-7-73 (Register 73, No. 9).
2.
						Certificate of Compliance filed 5-2-73 (Register 73, No.
						18).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.6 - Revocation of Order to Substitute for Nonqualified Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If upon the hearing the Administrator determines that the
						security described in the order to substitute for nonqualified security is
						qualified to secure a secured local agency deposit, the Administrator shall
						revoke such order to substitute for nonqualified security.
1.
						Renumbering from Section
						16008.2.6 filed 3-1-73 as an
						emergency; designated effective 3-7-73 (Register 73, No. 9).
2.
						Certificate of Compliance filed 5-2-73 (Register 73, No.
						18).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.7 - Order to Substitute for Nonqualified Security-Showing by Depository

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A depository to which an order to substitute nonqualified
						security is issued may show that the plus substitution of securities ordered in
						such order is not necessary by showing that the total market value of the
						securities in the security pool in which the security described in the order to
						substitute for nonqualified security is held, less the market value of such
						security, exceeds, in case such security pool is a security pool (non-REN), by
						not less than 10 percent, or in case such security pool is a security pool
						(REN), by not less than 50 percent, the total of secured local agency deposits
						secured by such security pool. A depository shall make such showing by filing
						with the Administrator a statement of local agency deposits, containing the
						information prescribed in Section
						16003.3.4 of this Chapter and
						executed and verified as prescribed in Section
						16003.3.5 of this Chapter, and a
						report with respect to the security pool in which the security described in the
						order to substitute for nonqualified security is held, containing the
						information prescribed in Subdivision (c) of Section
						16005.4.2 of this Chapter, executed
						as prescribed in Section
						16005.1.1 of this Chapter, together
						with the verification prescribed in Section
						16005.4.3 of this Chapter and the
						certification prescribed in Section
						16005.4.4 of this
						Chapter.
1.
						Renumbering from Section
						16008.2.7 and amendment filed
						3-1-73 as an emergency; designated effective 3-7-73 (Register 73, No.
						9).
2. Certificate of Compliance filed 5-2-73 (Register 73, No.
						18).
3. Amendment filed 7-16-80; effective thirtieth day thereafter
						(Register 80, No. 29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53661,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.8 - Order to Substitute for Nonqualified Security-Failure of Depository to Comply. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						16008.2.8 and amendment filed
						3-1-73 as an emergency; designated effective 3-7-73 (Register 73, No.
						9).
2. Certificate of Compliance filed 5-2-73 (Register 73, No.
						18).
3. Repealer filed 4-7-97; operative 4-7-97 pursuant to
						Government Code section
						11343.4(d)
						(Register 97, No. 15).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 8 - Nonqualification of Security › Article 1 - Order to Substitute for Nonqualified Security › Section 16008.1.9 - Order to Substitute for Nonqualified Security-Notice of Failure of Depository to Comply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a depository to which an order to substitute for
						nonqualified security has been issued fails to comply with such order, the
						Administrator shall promptly serve notice of such failure to comply on each
						treasurer who, according to the latest reports filed with the Administrator,
						maintains a secured local agency deposit with such depository, and on the
						appropriate regulatory agencies, as follows:
(a) If the depository is a national bank, on
					 the Comptroller of the Currency of the United States.
(b) If the depository is a state bank, on the
					 Commissioner of Financial Institutions.
(c) If the depository is a federal
					 association, on the Office of Thrift Supervision.
(d) If the depository is a savings
					 association, on Commissioner of Financial Institutions.
(e) If the depository is a federal credit
					 union, on the National Credit Union Administration.
(f) If the depository is a state credit union
					 or a federally insured industrial loan company, on the Commissioner of
					 Financial Institutions.
1.
						Renumbering from Section
						16008.2.9 filed 3-1-73 as an
						emergency; designated effective 3-7-73 (Register 73, No. 9).
2.
						Certificate of Compliance filed 5-2-73 (Register 73, No. 18).
3.
						Amendment filed 10-8-76 as an emergency; effective upon filing (Register 76,
						No. 41).
4. Certificate of Compliance filed 2-4-77 (Register 77, No.
						6).
5. Amendment of section and new NOTE filed 4-7-97; operative
						4-7-97 pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 15).
6. Change without regulatory effect amending
						section filed 8-19-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53661,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 1 - General Provisions › Section 16009.1.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In this Subchapter:
(a) "Default of depository" means a failure
					 by a depository to pay all or part of a secured local agency deposit in
					 accordance with the deposit contract and on demand of the treasurer or other
					 authorized official of such local agency.
(b) "Holiday" means any of the holidays
					 provided for in Government Code Sections
					 6700 and
					 6701.
1.
						Amendment of subsection (b), repealer of subsection (c) and new NOTE filed
						4-7-97; operative 4-7-97 pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 15).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53661,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 2 - Demand for Payment › Section 16009.2.1 - Demand for Payment-Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No treasurer shall file with the Administrator a notice
						of default of depository with respect to a local agency deposit unless such
						treasurer or other authorized official of such local agency has first presented
						to such depository a demand for payment of such deposit in accordance with the
						deposit contract and this Article and the depository has failed to comply with
						such demand for payment.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 2 - Demand for Payment › Section 16009.2.2 - Demand for Payment-Form and Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the deposit contract provides otherwise, a demand
						for payment shall be in writing, addressed to the depository, and shall contain
						the following:
(a) Name of local
					 agency.
(b) Address of office of
					 depository where the local agency deposit is maintained.
(c) Account number, if any, assigned to the
					 deposit by the depository.
(d)
					 Demand for payment on account of the deposit.
(e) Amount demanded to be paid.
(f) Notice that, if the depository fails to
					 comply with the demand, the treasurer will file a notice of default with the
					 Administrator.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 2 - Demand for Payment › Section 16009.2.3 - Demand for Payment-Execution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the deposit contract provides otherwise, a demand
						for payment shall be executed by the treasurer or other authorized official of
						the local agency.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 2 - Demand for Payment › Section 16009.2.4 - Demand for Payment-Time of Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the deposit contract provides otherwise, a demand
						for payment shall be deemed to demand payment on the date such demand is
						presented to the depository or on the date, if any, specified therein,
						whichever is later.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 2 - Demand for Payment › Section 16009.2.5 - Demand for Payment-Presentment to Depository

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the deposit contract provides otherwise:
(a) A demand for payment shall be deemed to
					 be presented to a depository when delivered to any officer or employee of such
					 depository at the office of such depository where the local agency deposit is
					 maintained; provided, however, that if such delivery occurs after the close of
					 business hours of such office, then such demand for payment shall be deemed to
					 be presented to the depository on the next succeeding day which is not a
					 holiday.
(b) A demand for payment,
					 if delivered to any officer or employee of a depository at any office of such
					 depository other than the office where the local agency deposit is maintained,
					 shall be deemed to be presented to such depository on the next succeeding day
					 which is not a holiday.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 3 - Notice of Default of Depository › Section 16009.3.1 - Notice of Default of Depository-Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event of any default of a depository, the
						treasurer of the local agency shall file with the Administrator a notice of
						default of depository in accordance with this Article.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 3 - Notice of Default of Depository › Section 16009.3.2 - Notice of Default of Depository-Form and Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A notice of default of depository shall be in writing, in
						duplicate, addressed to the Administrator and clearly designated "Notice of
						Default of Depository," and shall contain the following information:
(a) Name of treasurer of local
					 agency.
(b) Title of treasurer of
					 local agency.
(c) Name of local
					 agency.
(d) Name of depository and
					 address of office of depository where the local agency deposit is
					 maintained.
(e) Account number, if
					 any, assigned to the deposit by depository.
(f) Type of deposit (i.e., active or
					 inactive).
(g) Copy of deposit
					 contract.
(h) Copy of last receipt,
					 certificate of deposit, or other evidence of the local agency deposit taken by
					 the treasurer pursuant to Government Code Section
					 53641 with
					 respect to the deposit.
(i) Total
					 of the deposit.
(j) Amount of the
					 deposit which is required to be secured.
(k) Amount demanded from the depository on
					 account of the deposit.
(l)
					 Statement of facts showing that a demand for payment was presented to the
					 depository and the time of such presentment.
(m) Statement of facts showing that the
					 depository has failed to comply with the demand for payment.
(n) Copy of demand for payment.
(o) Identification of security pool by which
					 the deposit is secured.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 3 - Notice of Default of Depository › Section 16009.3.3 - Notice of Default of Depository-Execution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A notice of default of depository shall be executed by
						the treasurer or by a person authorized to act on his behalf.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 3 - Notice of Default of Depository › Section 16009.3.4 - Notice of Default of Depository-Service of Copy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a treasurer files a notice of default of
						depository with the Administrator, such treasurer shall serve one copy each
						thereof on the depository and on the agent of depository named therein;
						provided, however, that any failure to effect such service shall not invalidate
						any action taken pursuant to this Article.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 4 - Conversion and Payment Instruction › Section 16009.4.1 - Conversion and Payment Instruction-Issuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a notice of default of depository is filed with
						the Administrator, he shall issue a conversion and payment instruction to the
						agent of depository named in such notice of default of
						depository.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 4 - Conversion and Payment Instruction › Section 16009.4.2 - Conversion and Payment Instruction-Form, Execution, and Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A conversion and payment instruction shall be in writing,
						addressed to the agent of depository and executed by the Administrator, and
						shall contain the following:
(a) A
					 copy of the notice of default of depository.
(b) Instructions forthwith to convert into
					 money such portion of the security pool securing the local agency deposit
					 identified in the notice of default of depository as may be necessary to
					 produce an amount equal to either the amount demanded on account of the local
					 agency deposit or the amount of such local agency deposit which is required to
					 be secured, as stated in the notice of default of depository, whichever is
					 less, and to pay such amount to the treasurer.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 4 - Conversion and Payment Instruction › Section 16009.4.3 - Conversion and Payment Instruction-Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A conversion and payment instruction shall be served on
						the agent of depository to which it is addressed, and one copy each thereof
						shall be served on the depository and on the treasurer referred to
						therein.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 4 - Conversion and Payment Instruction › Section 16009.4.4 - Conversion and Payment Instruction-Order of Sale

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever an agent of depository sells securities in a
						security pool (non-REN) in accordance with a conversion and payment
						instruction, such agent of depository shall sell such securities in the order
						of dates of maturity, commencing with the security bearing the earliest date of
						maturity.
1.
						Amendment filed 7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53665,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 4 - Conversion and Payment Instruction › Section 16009.4.5 - Payment by Agent of Depository-Receipt

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever an agent of depository makes payment to a
						treasurer in accordance with a conversion and payment instruction, such agent
						of depository shall obtain from such treasurer a receipt in quadruplicate for
						such payment, executed by the treasurer or by a person authorized to act on his
						behalf. The agent of depository shall retain the original of such receipt,
						serve one copy each thereof on the depository, the treasurer, and the
						Administrator.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 5 - Order Not to Release Security › Section 16009.5.1 - Order Not to Release Security-Issuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrator may order an agent of depository which
						holds a security for the purpose of securing a secured local agency deposit in
						a depository not to release any such security whenever:
(a) In case such depository is a state bank,
					 the Superintendent of Banks of the State of California takes possession of the
					 business and property of, or appoints a conservator of, such
					 depository.
(b) In case such
					 depository is a national bank, the Comptroller of the Currency of the United
					 States appoints a receiver or a conservator for such depository.
(c) In case such depository is a state
					 savings and loan association, the Savings and Loan Commissioner of the State of
					 California takes possession of the property, business, and assets of, or
					 appoints a conservator of, such depository.
(d) In case such depository is a federal
					 savings and loan association, the Federal Home Loan Bank Board appoints a
					 receiver or conservator for such depository.
1.
						Amendment filed 10-8-76 as an emergency; effective upon filing (Register 76,
						No. 41).
2. Certificate of Compliance filed 2-4-77 (Register 77, No.
						6).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 5 - Order Not to Release Security › Section 16009.5.2 - Order Not to Release Security-Form and Execution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An order not to release security may be issued in
						writing, executed by the Administrator, or orally, in which case the order
						shall be promptly confirmed in writing, executed by the
						Administrator.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 9 - Default of Depository › Article 5 - Order Not to Release Security › Section 16009.5.3 - Order Not to Release Security-Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An order not to release security, if
					 issued in writing, shall be served on the agent of depository, and copies
					 thereof shall be served on the depository and on each treasurer, who, according
					 to the latest reports filed with the Administrator, has a local agency deposit
					 in such depository; provided, however, that any failure to effect service on
					 any such treasurer shall not invalidate any action taken pursuant to this
					 Article.
(b) An order not to
					 release security, if issued orally, shall be communicated to the agent of
					 depository either in person or by telephone. The writing confirming such order
					 shall be served in the manner provided in Subdivision (a) of this Section for
					 the service of an order not to release security issued in writing; provided,
					 however, that any failure to effect service on any treasurer shall not
					 invalidate any action take pursuant to this Article.
1.
						Amendment of subsection (a) and new NOTE filed 4-7-97; operative 4-7-97
						pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 15).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53661,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 10 - Forms › Article 1 - Forms › Section 16010.1.1 - Form 1. (Agreement of Agent of Depository.)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following is an illustration of Form 1:
AGREEMENT OF AGENT OF DEPOSITORY
This agreement is made on _____________________(date) by
						_____________________(name) (hereinafter referred to as "Bank") with the
						Administrator of Local Agency Security of the State of California.
RECITALS
A. In this agreement:
1. "Local Agency Deposit Security
					 Regulations" means Chapter 2, Division 4, Title 2 of the California
					 Administrative Code, as effective July 1, 1970, and as the same or any
					 provision thereof may be amended, added, or repealed.
2. Terms defined in the Local Agency Deposit
					 Security Regulations shall have the meanings therein set forth.
3. Words in the singular number include the
					 plural, and in the plural include the singular.
4. Words of the masculine gender include the
					 feminine and the neuter, and when the sense so indicates, words of the neuter
					 gender may refer to any gender.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 10 - Forms › Article 1 - Forms › Section 16010.1.2 - Form 2. (Registration Report.)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment file 11-10-71 as procedural and organizational; designated effective
						11-22-71 (Register 71, No. 46).
2. Amendment filed 7-22-75 as
						procedural and organizational; designated effective 7-23-75 (Register 75, No.
						30).
3. Repealer filed 4-7-97; operative 4-7-97 pursuant to
						Government Code section
						11343.4(d)
						(Register 97, No. 15).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 10 - Forms › Article 1 - Forms › Section 16010.1.3 - Form 3. (Report of Deposits.)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following is an illustration of Page
					 1 of Form 3:
TO: Administrator of Local Agency Security
111 Pine Street, Suite 1100
San Francisco, CA 94111-5613
FROM: ______________________________(Name of
						Treasurer)
______________________________(Title of Treasurer)
______________________________(Name of Local
						Agency)
SUBJECT: Report of Inactive Deposits
The following Report of Inactive Deposits is submitted in
						accordance with Article 5, Subchapter 4 of the Local Agency Deposit Security
						Regulations.
Dated: ______________________________
______________________________(Signature)
______________________________(Name and Title)
REPORT OF INACTIVE DEPOSITS OF __________(Name of Local
						Agency) AS OF ___(Date)
(1)
(2)
(3)
(4)
Name of Depository and Location of
								Office
Account No.
Treasurer's Balance
Secured
								Balance
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(1) List
					 depositories alphabetically. Use a separate line for each deposit.
(2) Give the account number, if any, assigned
					 to the inactive deposit by the depository.
(3) Give the balance as it appears on the
					 treasurer's records.
(4) Give the
					 balance that must be secured in accordance with law.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 1 - Approved Local Merit System Standards › Section 17010 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every Local Agency administering a state or federally funded
				  aid program that requires as a condition of program participation that the
				  Local Agency operate a merit-based Personnel System is subject to this
				  Division.
1. Repealer of
				  Chapter 1 (Sections
				  17010-17380, not consecutive) and
				  new Chapter 1 (Sections
				  17010-17100, not consecutive) filed
				  1-21-77; effective thirtieth day thereafter (Register 77, No. 4). For prior
				  history see Register 72, No. 20.
2. Repealer of Chapter 1 (Articles
				  1-7, Sections
				  17010-17100, not consecutive) and
				  new Chapter 1 (Articles 1-5, Sections
				  17010-17300, not consecutive) filed
				  5-29-81; effective thirtieth day thereafter (Register 81, No.
				  22).
3. Amendment of division and chapter headings, repealer of
				  article 1 heading, repealer of chapter 1 (articles 1-5, sections
				  17010-17300), new chapter 1
				  (sections 17010-17014) and repealer and new
				  section filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and
				  printing only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19802 and
					 19811,
					 Government Code. Reference: Sections
					 19801,
					 19802 and
					 19810,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 1 - Approved Local Merit System Standards › Section 17012 - Approved Local Merit Systems for Program Employees - Total or Partial Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every Local
				Agency may operate its Personnel System for Program employees in the same
				manner as it does for other employees of the Local Agency after the Department
				reviews and approves the Personnel System in order to confirm that the
				Personnel System is merit-based and satisfies the Federal Requirements. Upon
				request by a Local Agency, the Department shall review the Local Agency's
				Personnel System, may require additional information as it deems necessary, and
				shall make a determination as to the adequacy of the Personnel System and
				advise the Local Agency of the Department's decision.
(b) In determining whether a Local Agency's
				Personnel System is consistent with the Federal Requirements, the Department
				shall review elements of the Personnel System that relate to the Federal
				Requirements including:
(1) Procedures and
				rules for employee recruitment, selection, and advancement.
(2) Compensation policies and
				procedures.
(3) Training policies
				and practices.
(4) Performance
				evaluation standards and procedures, including procedures for correcting and
				disciplining employees for poor performance.
(5) Overall fairness of the Personnel System,
				including policies regarding equal employment opportunity and
				nondiscrimination.
(6) Rules
				regarding conflicts of interest including rules protecting employees from
				coercion for partisan political purposes and prohibiting employees from using
				their authority to interfere with actions of others relating to
				elections.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 1 - Approved Local Merit System Standards › Section 17013 - Department Procedures for Resolving Disputed Audit Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				this section, the following definitions shall apply.
(1) "Department Representative" means the
				manager of the division within the Department responsible for administration of
				merit system standards for Local Agencies under these regulations, or his or
				her designee.
(2) "Hearing" means a
				review of written submissions by the Parties and may include oral testimony or
				presentations if the Hearing Officer deems it appropriate.
(3) "Parties" means the Department
				Representative and the Local Agency collectively.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 1 - Approved Local Merit System Standards › Section 17014 - Qualifications and Classifications of Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except for those positions designated as
				unclassified under (b), the Local Agency shall allocate every Program position
				to a Classification consistent with the Local Agency's approved Personnel
				System that is appropriate for the duties of the position.
(b) Every Local Agency may designate a
				limited number of positions within the Program as unclassified or otherwise not
				subject to merit system requirements and the requirements of these regulations
				so long as such designation is consistent with the Local Agency's approved
				Personnel System concerning the type, number, level and process for
				establishing such unclassified positions.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19801,
					 19802 and
					 19811 Government Code. Reference:
					 Sections 19800,
					 19801 and
					 19802 Government Code; and
					 5 CFR
					 900.602(a).