General Provisions

Cal. FIN § 1331

California Statutes

(

a) For purposes of this section, the following terms have the following meanings: (1) “Carrying a security” means maintaining, reducing, or retiring indebtedness originally incurred to acquire a security. (2) “Controlling person” has the same meaning specified in

Section 1250. (3) “Security” has the following meanings: (

A) When used with respect to a bank, “security” has the same meaning set forth in subdivision (

c) of

Section 1200. (

B) When used with respect to any other person, “security” has the same meaning set forth in

Section of the Corporations Code. (

b) No bank shall acquire, hold, extend credit on the security of, or extend credit for the purpose of acquiring or carrying, any security of the bank or of any controlling person of the bank. (c)

(1) Any bank which acquires or holds securities in violation of this

section shall be liable to the people of this state for twice the market, book, or face value of the securities, whichever is greatest.

(2) Any bank which extends credit in violation of this

section shall be liable to the people of this state for twice the amount of the credit so extended. (

d) This

section does not apply to any of the following transactions:

(1) Any acquisition or extension of credit by a bank which is necessary to reduce or prevent loss to the bank on debts previously contracted in good faith.

(2) Any redemption by a bank of any of its redeemable securities in accordance with applicable provisions of this division and of Division 1 (commencing with

Section 100) of Title of the Corporations Code.

(3) Any acquisition by a bank of any of its securities, other than an acquisition of the type described in paragraph (1) or (2), if the acquisition is approved in advance by the commissioner. (

e) The provisions of

Section shall not apply to this section.

Document details

CollectionCalifornia Statutes
CitationCal. FIN § 1331
Date2014-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFIN1331.201333436

General Provisions

Cal. FIN § 1331

California Statutes

General Provisions

Cal. FIN § 1331

California Statutes

(

a) For purposes of this section, the following terms have the following meanings: (1) “Carrying a security” means maintaining, reducing, or retiring indebtedness originally incurred to acquire a security. (2) “Controlling person” has the same meaning specified in

Section 1250. (3) “Security” has the following meanings: (

A) When used with respect to a bank, “security” has the same meaning set forth in subdivision (

c) of

Section 1200. (

B) When used with respect to any other person, “security” has the same meaning set forth in

Section of the Corporations Code. (

b) No bank shall acquire, hold, extend credit on the security of, or extend credit for the purpose of acquiring or carrying, any security of the bank or of any controlling person of the bank. (c)

(1) Any bank which acquires or holds securities in violation of this

section shall be liable to the people of this state for twice the market, book, or face value of the securities, whichever is greatest.

(2) Any bank which extends credit in violation of this

section shall be liable to the people of this state for twice the amount of the credit so extended. (

d) This

section does not apply to any of the following transactions:

(1) Any acquisition or extension of credit by a bank which is necessary to reduce or prevent loss to the bank on debts previously contracted in good faith.

(2) Any redemption by a bank of any of its redeemable securities in accordance with applicable provisions of this division and of Division 1 (commencing with

Section 100) of Title of the Corporations Code.

(3) Any acquisition by a bank of any of its securities, other than an acquisition of the type described in paragraph (1) or (2), if the acquisition is approved in advance by the commissioner. (

e) The provisions of

Section shall not apply to this section.

Document details

CollectionCalifornia Statutes
CitationCal. FIN § 1331
Date2014-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFIN1331.201333436