Investment Certificates
Cal. FIN § 18320
California Statutes
Notwithstanding
Section 18319, an industrial loan company shall in no event: (
a) Have outstanding at any time during its first months of operation as an industrial loan company under this division, its investment certificates (exclusive of those hypothecated with the company issuing them) in an aggregate sum in excess of six times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus not available for dividends pursuant to
Section 18319. (
b) After months of operation as an industrial loan company under this division and during the next months of operation the industrial loan company may file an application with the commissioner seeking authority to increase the aggregate sum of its investment certificates which (exclusive of those investment certificates hypothecated with the company issuing them) in no event shall exceed eight times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus not available for dividends pursuant to
Section 18319. (
c) After months of operation as an industrial loan company under this division and during the next months of operation the company may file an application with the commissioner seeking authority to increase the aggregate sum of its investment certificates which (exclusive of those investment certificates hypothecated with the company issuing them) in no event shall exceed times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus not available for dividends pursuant to
Section 18319. (
d) If after months of operation as an industrial loan company under this division the outstanding investment certificates of a company are insured by the Federal Deposit Insurance Corporation, the company may file an application with the commissioner seeking authority to increase the aggregate sum of its investment certificates which it may have outstanding to the extent authorized by the capital-adequacy requirements of the federal Deposit Insurance Corporation.
An industrial loan company that is authorized to increase the aggregate sum of its investment certificates to the extent authorized by the capital-adequacy requirements of the Federal Deposit Insurance Corporation also shall meet the requirements of subdivisions (
e) and (f). (
e) After months of operation as an industrial loan company under this division and during the next months of operation the company may file an application with the commissioner seeking authority to increase the aggregate sum of its investment certificates which, exclusive of those investment certificates hypothecated with the company issuing them, in no event shall exceed times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus not available for dividends pursuant to
Section 18319, only if both of the following requirements are met:
(1) A company shall maintain a liquidity reserve in cash, or cash equivalent, equal to 1 1 percent of its total investment certificates outstanding. “Cash equivalent” means investments legal for commercial banks under the laws of this state, with a maturity of not more than months.
(2) In addition to the reserve for losses required by the commissioner pursuant to
Section 18343, a company shall establish and maintain such special reserves for losses as the commissioner, by rule or order, may require. (
f) After months of operation as an industrial loan company under this division, the company may file an application with the commissioner seeking authority to increase the aggregate sum of its investment certificates which it may have outstanding, which, exclusive of those investment certificates hypothecated with the company issuing them, in no event shall exceed times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus not available for dividends pursuant to
Section 18319, and which may exceed times the amount of its paid-up and unimpaired capital and unimpaired surplus not available for dividends pursuant to
Section only if the requirements of subdivision (
e) are met and the capital stock is not less than one million two hundred fifty thousand dollars ($1,250,000) and the unimpaired paid-in surplus is not less than seven hundred fifty thousand dollars ($750,000). (
g) Whenever the commissioner deems it reasonable and necessary or advisable for the protection of the public (including the fact that an industrial loan company is not a member of the Federal Deposit Insurance Corporation), the commissioner may at any time by order authorize said industrial loan company to have its investment certificates outstanding in either a lesser aggregate sum than the maximum aggregate amounts permitted by subdivision (a), (b), (c), (d), (e), or (f), or none at all. (
h) The request for authority filed with the commissioner pursuant to subdivisions (b), (c), (d), (e), and (
f) shall be set forth in an application in such form and containing such information as the commissioner may require. (
i) The commissioner shall by rule or regulation set forth the criteria that must be met before an industrial loan company can be granted authority to increase the aggregate sum of its outstanding investment certificates. (
j) If the commissioner does not within days of the filing of an application grant a request by an industrial loan company operating under this division, for authority to increase the aggregate sum of its outstanding investment certificates to the requested amount, or issues an order pursuant to subdivision (g), the company may file with the commissioner its written request for hearing in accordance with subdivisions (
c) and (
d) of