State Codes and Statutes

Statutes > California > Fin > 3800-3806

FINANCIAL CODE
SECTION 3800-3806



3800.  In this chapter, unless the context otherwise requires:
   (a) "Branch business unit" has the meaning set forth in
subdivision (a) of Section 4840.
   (b) "Core banking business" means the business of receiving
deposits, paying checks, making loans, and other activities that the
commissioner may specify by order or regulation. "Core banking
business," when used to describe the trust business, includes
receiving fiduciary assets and administering fiduciary accounts.
   (c) "Facility," when used with respect to a foreign (other state)
bank, means an office in this state at which the bank engages in
noncore banking business but at which it does not engage in core
banking business.
   (d) "Noncore banking business" means all activities permissible
for commercial banks, industrial banks, or trust companies, except
core banking business, and except those activities prohibited by law
or determined by the commissioner by regulation or order not to be
noncore banking business.
   (e) "Whole business unit" has the meaning set forth in subdivision
(g) of Section 4840.



3801.  Each application filed with the commissioner under this
chapter or under any regulation or order issued under this chapter
shall be in the form, shall contain the information, shall be signed
in the manner, and shall (if the commissioner requires by regulation
or order) be verified in the manner that the commissioner may by
regulation or order require.



3802.  (a) Each foreign (other state) bank that maintains a facility
or a California branch office shall file with the commissioner such
reports as and when the commissioner may by regulation or order
require.
   (b) Each report filed with the commissioner under this chapter or
under any regulation or order issued under this chapter shall be in
the form, shall contain the information, shall be signed in the
manner, and shall (if the commissioner requires by regulation or
order) be verified in the manner that the commissioner may by
regulation or order require.



3803.  Each foreign (other state) bank that maintains a facility
(other than a foreign (other state) national bank that maintains a
California branch office) and each foreign (other state) state bank
that maintains a California branch office shall make, keep, and
preserve at the facility or branch office or at another place that
the commissioner may by regulation or order approve, the books,
accounts, and other records relating to the business of the office,
in the form, in the manner, and for the time that the commissioner
may by regulation or order provide.



3804.  Fees shall be paid to and collected by the commissioner as
follows:
   (a) The fee for filing with the commissioner an application by an
uninsured foreign (other state) bank for approval to establish a
facility is two hundred fifty dollars ($250).
   (b) The fee for filing with the commissioner an application by an
uninsured foreign (other state) bank that is licensed pursuant to
Article 4 (commencing with Section 3860) to maintain a facility for
approval to relocate or to close the facility is one hundred dollars
($100).
   (c) The fee for issuing a license pursuant to Article 4
(commencing with Section 3860) is twenty-five dollars ($25).
   (d) Each foreign (other state) state bank that on June 1 of any
year maintains one or more California branch offices shall pay, on or
before the following July 1, a fee of one thousand dollars ($1,000)
per California branch office. However, the minimum fee paid by a
foreign (other state) state bank under this subdivision shall be not
less than three thousand dollars ($3,000) and the maximum fee shall
be not more than fifty thousand dollars ($50,000).
   (e) Each foreign (other state) bank that on June 1 of any year
maintains a facility but no California branch office shall pay, on or
before the following July 1, a fee of two hundred fifty dollars
($250) for each facility.
   (f) If the commissioner makes an examination in connection with a
pending application, as described in subdivision (a) or (b), the
applicant shall pay a fee for the examination of seventy-five dollars
($75) per hour for each examiner engaged in the examination plus, if
in the opinion of the commissioner it is necessary for any examiner
engaged in the examination to travel outside this state, the travel
expenses of the examiner.
   (g) If the commissioner makes an examination of a foreign (other
state) state bank that maintains a California branch office, the bank
shall pay a fee for the examination of seventy-five dollars ($75)
per hour for each examiner engaged in the examination plus, if in the
opinion of the commissioner it is necessary for any examiner engaged
in the examination to travel outside this state, the travel expenses
of the examiner.
   (h) If the commissioner makes an examination of a facility of an
uninsured foreign (other state) bank licensed under Article 4
(commencing with Section 3860), the bank shall pay a fee for the
examination of seventy-five dollars ($75) per hour for each examiner
engaged in the examination plus, if in the opinion of the
commissioner it is necessary for any examiner engaged in the
examination to travel outside this state, the travel expenses of the
examiner.
   (i) If the commissioner makes an examination of a facility of an
insured foreign (other state) bank that does not maintain a
California branch office, the bank shall pay a fee for the
examination of seventy-five dollars ($75) per hour for each examiner
engaged in the examination plus, if in the opinion of the
commissioner it is necessary for any examiner engaged in the
examination to travel outside this state, the travel expenses of the
examiner.


3805.  (a) Any foreign (other state) state bank is exempted from the
restrictions of Section 1 of Article XV of the California
Constitution relating to rates of interest upon the loan or
forbearance of any money, goods, or things in action or on accounts
after demand.
   (b) This section does not exempt a foreign (other state) state
bank or any subsidiary from complying with all other laws and
regulations governing the business in which the bank or subsidiary is
engaged.
   (c) This section creates and authorizes an exempt class of persons
pursuant to Section 1 of Article XV of the California Constitution.



3806.  (a) In this section, "subject bank" means a bank organized
under the laws of any territory of the United States, Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific Islands, the
Virgin Islands, or the Northern Mariana Islands.
   (b) Nothing in this chapter, except subdivision (c), applies to a
subject bank that, as a foreign (other nation) bank, maintains an
office in this state licensed under Chapter 13.5 (commencing with
Section 1700) or a federal agency (as defined in Section 1700) or
federal branch (as defined in Section 1700) in this state.
   (c) No subject bank may at the same time maintain (1) as a foreign
(other state) state bank, an office in this state and (2) as a
foreign (other nation) bank, an office in this state licensed under
Chapter 13.5 (commencing with Section 1700) or a federal agency (as
defined in Section 1700) or federal branch (as defined in Section
1700) in this state.

State Codes and Statutes

Statutes > California > Fin > 3800-3806

FINANCIAL CODE
SECTION 3800-3806



3800.  In this chapter, unless the context otherwise requires:
   (a) "Branch business unit" has the meaning set forth in
subdivision (a) of Section 4840.
   (b) "Core banking business" means the business of receiving
deposits, paying checks, making loans, and other activities that the
commissioner may specify by order or regulation. "Core banking
business," when used to describe the trust business, includes
receiving fiduciary assets and administering fiduciary accounts.
   (c) "Facility," when used with respect to a foreign (other state)
bank, means an office in this state at which the bank engages in
noncore banking business but at which it does not engage in core
banking business.
   (d) "Noncore banking business" means all activities permissible
for commercial banks, industrial banks, or trust companies, except
core banking business, and except those activities prohibited by law
or determined by the commissioner by regulation or order not to be
noncore banking business.
   (e) "Whole business unit" has the meaning set forth in subdivision
(g) of Section 4840.



3801.  Each application filed with the commissioner under this
chapter or under any regulation or order issued under this chapter
shall be in the form, shall contain the information, shall be signed
in the manner, and shall (if the commissioner requires by regulation
or order) be verified in the manner that the commissioner may by
regulation or order require.



3802.  (a) Each foreign (other state) bank that maintains a facility
or a California branch office shall file with the commissioner such
reports as and when the commissioner may by regulation or order
require.
   (b) Each report filed with the commissioner under this chapter or
under any regulation or order issued under this chapter shall be in
the form, shall contain the information, shall be signed in the
manner, and shall (if the commissioner requires by regulation or
order) be verified in the manner that the commissioner may by
regulation or order require.



3803.  Each foreign (other state) bank that maintains a facility
(other than a foreign (other state) national bank that maintains a
California branch office) and each foreign (other state) state bank
that maintains a California branch office shall make, keep, and
preserve at the facility or branch office or at another place that
the commissioner may by regulation or order approve, the books,
accounts, and other records relating to the business of the office,
in the form, in the manner, and for the time that the commissioner
may by regulation or order provide.



3804.  Fees shall be paid to and collected by the commissioner as
follows:
   (a) The fee for filing with the commissioner an application by an
uninsured foreign (other state) bank for approval to establish a
facility is two hundred fifty dollars ($250).
   (b) The fee for filing with the commissioner an application by an
uninsured foreign (other state) bank that is licensed pursuant to
Article 4 (commencing with Section 3860) to maintain a facility for
approval to relocate or to close the facility is one hundred dollars
($100).
   (c) The fee for issuing a license pursuant to Article 4
(commencing with Section 3860) is twenty-five dollars ($25).
   (d) Each foreign (other state) state bank that on June 1 of any
year maintains one or more California branch offices shall pay, on or
before the following July 1, a fee of one thousand dollars ($1,000)
per California branch office. However, the minimum fee paid by a
foreign (other state) state bank under this subdivision shall be not
less than three thousand dollars ($3,000) and the maximum fee shall
be not more than fifty thousand dollars ($50,000).
   (e) Each foreign (other state) bank that on June 1 of any year
maintains a facility but no California branch office shall pay, on or
before the following July 1, a fee of two hundred fifty dollars
($250) for each facility.
   (f) If the commissioner makes an examination in connection with a
pending application, as described in subdivision (a) or (b), the
applicant shall pay a fee for the examination of seventy-five dollars
($75) per hour for each examiner engaged in the examination plus, if
in the opinion of the commissioner it is necessary for any examiner
engaged in the examination to travel outside this state, the travel
expenses of the examiner.
   (g) If the commissioner makes an examination of a foreign (other
state) state bank that maintains a California branch office, the bank
shall pay a fee for the examination of seventy-five dollars ($75)
per hour for each examiner engaged in the examination plus, if in the
opinion of the commissioner it is necessary for any examiner engaged
in the examination to travel outside this state, the travel expenses
of the examiner.
   (h) If the commissioner makes an examination of a facility of an
uninsured foreign (other state) bank licensed under Article 4
(commencing with Section 3860), the bank shall pay a fee for the
examination of seventy-five dollars ($75) per hour for each examiner
engaged in the examination plus, if in the opinion of the
commissioner it is necessary for any examiner engaged in the
examination to travel outside this state, the travel expenses of the
examiner.
   (i) If the commissioner makes an examination of a facility of an
insured foreign (other state) bank that does not maintain a
California branch office, the bank shall pay a fee for the
examination of seventy-five dollars ($75) per hour for each examiner
engaged in the examination plus, if in the opinion of the
commissioner it is necessary for any examiner engaged in the
examination to travel outside this state, the travel expenses of the
examiner.


3805.  (a) Any foreign (other state) state bank is exempted from the
restrictions of Section 1 of Article XV of the California
Constitution relating to rates of interest upon the loan or
forbearance of any money, goods, or things in action or on accounts
after demand.
   (b) This section does not exempt a foreign (other state) state
bank or any subsidiary from complying with all other laws and
regulations governing the business in which the bank or subsidiary is
engaged.
   (c) This section creates and authorizes an exempt class of persons
pursuant to Section 1 of Article XV of the California Constitution.



3806.  (a) In this section, "subject bank" means a bank organized
under the laws of any territory of the United States, Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific Islands, the
Virgin Islands, or the Northern Mariana Islands.
   (b) Nothing in this chapter, except subdivision (c), applies to a
subject bank that, as a foreign (other nation) bank, maintains an
office in this state licensed under Chapter 13.5 (commencing with
Section 1700) or a federal agency (as defined in Section 1700) or
federal branch (as defined in Section 1700) in this state.
   (c) No subject bank may at the same time maintain (1) as a foreign
(other state) state bank, an office in this state and (2) as a
foreign (other nation) bank, an office in this state licensed under
Chapter 13.5 (commencing with Section 1700) or a federal agency (as
defined in Section 1700) or federal branch (as defined in Section
1700) in this state.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Fin > 3800-3806

FINANCIAL CODE
SECTION 3800-3806



3800.  In this chapter, unless the context otherwise requires:
   (a) "Branch business unit" has the meaning set forth in
subdivision (a) of Section 4840.
   (b) "Core banking business" means the business of receiving
deposits, paying checks, making loans, and other activities that the
commissioner may specify by order or regulation. "Core banking
business," when used to describe the trust business, includes
receiving fiduciary assets and administering fiduciary accounts.
   (c) "Facility," when used with respect to a foreign (other state)
bank, means an office in this state at which the bank engages in
noncore banking business but at which it does not engage in core
banking business.
   (d) "Noncore banking business" means all activities permissible
for commercial banks, industrial banks, or trust companies, except
core banking business, and except those activities prohibited by law
or determined by the commissioner by regulation or order not to be
noncore banking business.
   (e) "Whole business unit" has the meaning set forth in subdivision
(g) of Section 4840.



3801.  Each application filed with the commissioner under this
chapter or under any regulation or order issued under this chapter
shall be in the form, shall contain the information, shall be signed
in the manner, and shall (if the commissioner requires by regulation
or order) be verified in the manner that the commissioner may by
regulation or order require.



3802.  (a) Each foreign (other state) bank that maintains a facility
or a California branch office shall file with the commissioner such
reports as and when the commissioner may by regulation or order
require.
   (b) Each report filed with the commissioner under this chapter or
under any regulation or order issued under this chapter shall be in
the form, shall contain the information, shall be signed in the
manner, and shall (if the commissioner requires by regulation or
order) be verified in the manner that the commissioner may by
regulation or order require.



3803.  Each foreign (other state) bank that maintains a facility
(other than a foreign (other state) national bank that maintains a
California branch office) and each foreign (other state) state bank
that maintains a California branch office shall make, keep, and
preserve at the facility or branch office or at another place that
the commissioner may by regulation or order approve, the books,
accounts, and other records relating to the business of the office,
in the form, in the manner, and for the time that the commissioner
may by regulation or order provide.



3804.  Fees shall be paid to and collected by the commissioner as
follows:
   (a) The fee for filing with the commissioner an application by an
uninsured foreign (other state) bank for approval to establish a
facility is two hundred fifty dollars ($250).
   (b) The fee for filing with the commissioner an application by an
uninsured foreign (other state) bank that is licensed pursuant to
Article 4 (commencing with Section 3860) to maintain a facility for
approval to relocate or to close the facility is one hundred dollars
($100).
   (c) The fee for issuing a license pursuant to Article 4
(commencing with Section 3860) is twenty-five dollars ($25).
   (d) Each foreign (other state) state bank that on June 1 of any
year maintains one or more California branch offices shall pay, on or
before the following July 1, a fee of one thousand dollars ($1,000)
per California branch office. However, the minimum fee paid by a
foreign (other state) state bank under this subdivision shall be not
less than three thousand dollars ($3,000) and the maximum fee shall
be not more than fifty thousand dollars ($50,000).
   (e) Each foreign (other state) bank that on June 1 of any year
maintains a facility but no California branch office shall pay, on or
before the following July 1, a fee of two hundred fifty dollars
($250) for each facility.
   (f) If the commissioner makes an examination in connection with a
pending application, as described in subdivision (a) or (b), the
applicant shall pay a fee for the examination of seventy-five dollars
($75) per hour for each examiner engaged in the examination plus, if
in the opinion of the commissioner it is necessary for any examiner
engaged in the examination to travel outside this state, the travel
expenses of the examiner.
   (g) If the commissioner makes an examination of a foreign (other
state) state bank that maintains a California branch office, the bank
shall pay a fee for the examination of seventy-five dollars ($75)
per hour for each examiner engaged in the examination plus, if in the
opinion of the commissioner it is necessary for any examiner engaged
in the examination to travel outside this state, the travel expenses
of the examiner.
   (h) If the commissioner makes an examination of a facility of an
uninsured foreign (other state) bank licensed under Article 4
(commencing with Section 3860), the bank shall pay a fee for the
examination of seventy-five dollars ($75) per hour for each examiner
engaged in the examination plus, if in the opinion of the
commissioner it is necessary for any examiner engaged in the
examination to travel outside this state, the travel expenses of the
examiner.
   (i) If the commissioner makes an examination of a facility of an
insured foreign (other state) bank that does not maintain a
California branch office, the bank shall pay a fee for the
examination of seventy-five dollars ($75) per hour for each examiner
engaged in the examination plus, if in the opinion of the
commissioner it is necessary for any examiner engaged in the
examination to travel outside this state, the travel expenses of the
examiner.


3805.  (a) Any foreign (other state) state bank is exempted from the
restrictions of Section 1 of Article XV of the California
Constitution relating to rates of interest upon the loan or
forbearance of any money, goods, or things in action or on accounts
after demand.
   (b) This section does not exempt a foreign (other state) state
bank or any subsidiary from complying with all other laws and
regulations governing the business in which the bank or subsidiary is
engaged.
   (c) This section creates and authorizes an exempt class of persons
pursuant to Section 1 of Article XV of the California Constitution.



3806.  (a) In this section, "subject bank" means a bank organized
under the laws of any territory of the United States, Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific Islands, the
Virgin Islands, or the Northern Mariana Islands.
   (b) Nothing in this chapter, except subdivision (c), applies to a
subject bank that, as a foreign (other nation) bank, maintains an
office in this state licensed under Chapter 13.5 (commencing with
Section 1700) or a federal agency (as defined in Section 1700) or
federal branch (as defined in Section 1700) in this state.
   (c) No subject bank may at the same time maintain (1) as a foreign
(other state) state bank, an office in this state and (2) as a
foreign (other nation) bank, an office in this state licensed under
Chapter 13.5 (commencing with Section 1700) or a federal agency (as
defined in Section 1700) or federal branch (as defined in Section
1700) in this state.

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