State Codes and Statutes

Statutes > California > Fin > 790-795

FINANCIAL CODE
SECTION 790-795



790.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
solicit or receive deposits, issue certificates of deposit with or
without provision for interest, make payments on checks, or transact
business in the way or manner of a bank or trust company.




791.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
advertise that it is accepting deposits, and issuing notes or
certificates therefore, or make use of any office sign, at the place
where its business is transacted, having thereon any artificial or
corporate name, or other words indicating that the place or office is
the place or office of a bank or trust company, that deposits are
received there or payments made on checks, or any other form of
banking business is transacted, nor shall any person make use of or
circulate any letterheads, billheads, blank notes, blank receipts,
certificates, or circulars, or any written or printed paper,
whatever, having thereon any artificial or corporate name or other
words indicating that the business is the business of a bank or trust
company, or transact business in a way or manner as to lead the
public to believe that its business is that of a bank or trust
company, except to the extent expressly authorized by this division.




792.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
transact business under any name or title that contains the word
"bank" or "banker" or "banking" or "industrial bank" or "industrial
loan company" or "investment and loan" or "savings bank" or "thrift
and loan" or "trust" or "trustee" or "trust company" or act or
advertise in any manner that indicates that the business is the
business of a bank or trust company. Any building and loan
association or savings association having in its corporate name words
not clearly indicating the nature of its business shall state, on
all signs, letterheads, and advertising matter, "This is a building
and loan association" or "This is a savings association" or words to
that effect.



793.  No provision of Section 790, 791, or 792 prohibits any of the
following from transacting any business or performing any activity if
it is authorized by applicable law to transact the business or
perform the activity and is not prohibited by any applicable law,
other than Sections 790, 791, and 792, from transacting the business
or performing the activity:
   (a) Any California state commercial bank, industrial bank, or
trust company.
   (b) Any national bank.
   (c) Any insured foreign (other state) state bank.
   (d) Any foreign (other state) state bank that is licensed by the
commissioner under Article 4 (commencing with Section 3860) of
Chapter 22 to maintain a facility, as defined in Section 3800, in
this state.
   (e) Any foreign (other nation) bank that is licensed by the
commissioner under Chapter 13.5 (commencing with Section 1700) to
maintain an office in this state.
   (f) Any foreign (other nation) bank that maintains a federal
agency, as defined in subdivision (g) of Section 1700, or federal
branch, as defined in subdivision (h) of Section 1700, in this state.
   (g) Any California state corporation that is incorporated for the
purpose of engaging in, and that is authorized by the commissioner to
engage in, business under Article 1 (commencing with Section 3500)
of Chapter 19.
   (h) Any corporation incorporated under Section 25A of the Federal
Reserve Act (12 U.S.C. Sec. 612 et seq.).
   (i) Any foreign corporation that is licensed by the commissioner
under Article 1 (commencing with Section 3500) of Chapter 19 to
maintain an office in this state and to transact at that office
business under Article 1 (commencing with Section 3500) of Chapter
19.
   (j) Any industrial bank that is organized under the laws of
another state of the United States and is insured by the Federal
Deposit Insurance Corporation.



794.  Any person or any bank violating any provision of the
foregoing sections of this article shall be liable to the people of
the state in the amount of one hundred dollars ($100) per day or part
thereof during which that violation continues.




795.  No person shall represent by advertisement, circular, or
otherwise, or in any manner mislead anyone to believe, that any
securities are legal investments for savings banks in this state or
conform to the requirements of law relating to such investments,
unless those securities are in fact at that time legal investments
for such banks or do in fact so conform. Any person violating the
provisions of this section shall be guilty of a misdemeanor and shall
be punishable by a fine of not more than one thousand dollars
($1,000) or by imprisonment in a county jail not exceeding one year,
or by both such fine and imprisonment.

State Codes and Statutes

Statutes > California > Fin > 790-795

FINANCIAL CODE
SECTION 790-795



790.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
solicit or receive deposits, issue certificates of deposit with or
without provision for interest, make payments on checks, or transact
business in the way or manner of a bank or trust company.




791.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
advertise that it is accepting deposits, and issuing notes or
certificates therefore, or make use of any office sign, at the place
where its business is transacted, having thereon any artificial or
corporate name, or other words indicating that the place or office is
the place or office of a bank or trust company, that deposits are
received there or payments made on checks, or any other form of
banking business is transacted, nor shall any person make use of or
circulate any letterheads, billheads, blank notes, blank receipts,
certificates, or circulars, or any written or printed paper,
whatever, having thereon any artificial or corporate name or other
words indicating that the business is the business of a bank or trust
company, or transact business in a way or manner as to lead the
public to believe that its business is that of a bank or trust
company, except to the extent expressly authorized by this division.




792.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
transact business under any name or title that contains the word
"bank" or "banker" or "banking" or "industrial bank" or "industrial
loan company" or "investment and loan" or "savings bank" or "thrift
and loan" or "trust" or "trustee" or "trust company" or act or
advertise in any manner that indicates that the business is the
business of a bank or trust company. Any building and loan
association or savings association having in its corporate name words
not clearly indicating the nature of its business shall state, on
all signs, letterheads, and advertising matter, "This is a building
and loan association" or "This is a savings association" or words to
that effect.



793.  No provision of Section 790, 791, or 792 prohibits any of the
following from transacting any business or performing any activity if
it is authorized by applicable law to transact the business or
perform the activity and is not prohibited by any applicable law,
other than Sections 790, 791, and 792, from transacting the business
or performing the activity:
   (a) Any California state commercial bank, industrial bank, or
trust company.
   (b) Any national bank.
   (c) Any insured foreign (other state) state bank.
   (d) Any foreign (other state) state bank that is licensed by the
commissioner under Article 4 (commencing with Section 3860) of
Chapter 22 to maintain a facility, as defined in Section 3800, in
this state.
   (e) Any foreign (other nation) bank that is licensed by the
commissioner under Chapter 13.5 (commencing with Section 1700) to
maintain an office in this state.
   (f) Any foreign (other nation) bank that maintains a federal
agency, as defined in subdivision (g) of Section 1700, or federal
branch, as defined in subdivision (h) of Section 1700, in this state.
   (g) Any California state corporation that is incorporated for the
purpose of engaging in, and that is authorized by the commissioner to
engage in, business under Article 1 (commencing with Section 3500)
of Chapter 19.
   (h) Any corporation incorporated under Section 25A of the Federal
Reserve Act (12 U.S.C. Sec. 612 et seq.).
   (i) Any foreign corporation that is licensed by the commissioner
under Article 1 (commencing with Section 3500) of Chapter 19 to
maintain an office in this state and to transact at that office
business under Article 1 (commencing with Section 3500) of Chapter
19.
   (j) Any industrial bank that is organized under the laws of
another state of the United States and is insured by the Federal
Deposit Insurance Corporation.



794.  Any person or any bank violating any provision of the
foregoing sections of this article shall be liable to the people of
the state in the amount of one hundred dollars ($100) per day or part
thereof during which that violation continues.




795.  No person shall represent by advertisement, circular, or
otherwise, or in any manner mislead anyone to believe, that any
securities are legal investments for savings banks in this state or
conform to the requirements of law relating to such investments,
unless those securities are in fact at that time legal investments
for such banks or do in fact so conform. Any person violating the
provisions of this section shall be guilty of a misdemeanor and shall
be punishable by a fine of not more than one thousand dollars
($1,000) or by imprisonment in a county jail not exceeding one year,
or by both such fine and imprisonment.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Fin > 790-795

FINANCIAL CODE
SECTION 790-795



790.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
solicit or receive deposits, issue certificates of deposit with or
without provision for interest, make payments on checks, or transact
business in the way or manner of a bank or trust company.




791.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
advertise that it is accepting deposits, and issuing notes or
certificates therefore, or make use of any office sign, at the place
where its business is transacted, having thereon any artificial or
corporate name, or other words indicating that the place or office is
the place or office of a bank or trust company, that deposits are
received there or payments made on checks, or any other form of
banking business is transacted, nor shall any person make use of or
circulate any letterheads, billheads, blank notes, blank receipts,
certificates, or circulars, or any written or printed paper,
whatever, having thereon any artificial or corporate name or other
words indicating that the business is the business of a bank or trust
company, or transact business in a way or manner as to lead the
public to believe that its business is that of a bank or trust
company, except to the extent expressly authorized by this division.




792.  No person who has not received a certificate from the
commissioner authorizing it to engage in the banking business shall
transact business under any name or title that contains the word
"bank" or "banker" or "banking" or "industrial bank" or "industrial
loan company" or "investment and loan" or "savings bank" or "thrift
and loan" or "trust" or "trustee" or "trust company" or act or
advertise in any manner that indicates that the business is the
business of a bank or trust company. Any building and loan
association or savings association having in its corporate name words
not clearly indicating the nature of its business shall state, on
all signs, letterheads, and advertising matter, "This is a building
and loan association" or "This is a savings association" or words to
that effect.



793.  No provision of Section 790, 791, or 792 prohibits any of the
following from transacting any business or performing any activity if
it is authorized by applicable law to transact the business or
perform the activity and is not prohibited by any applicable law,
other than Sections 790, 791, and 792, from transacting the business
or performing the activity:
   (a) Any California state commercial bank, industrial bank, or
trust company.
   (b) Any national bank.
   (c) Any insured foreign (other state) state bank.
   (d) Any foreign (other state) state bank that is licensed by the
commissioner under Article 4 (commencing with Section 3860) of
Chapter 22 to maintain a facility, as defined in Section 3800, in
this state.
   (e) Any foreign (other nation) bank that is licensed by the
commissioner under Chapter 13.5 (commencing with Section 1700) to
maintain an office in this state.
   (f) Any foreign (other nation) bank that maintains a federal
agency, as defined in subdivision (g) of Section 1700, or federal
branch, as defined in subdivision (h) of Section 1700, in this state.
   (g) Any California state corporation that is incorporated for the
purpose of engaging in, and that is authorized by the commissioner to
engage in, business under Article 1 (commencing with Section 3500)
of Chapter 19.
   (h) Any corporation incorporated under Section 25A of the Federal
Reserve Act (12 U.S.C. Sec. 612 et seq.).
   (i) Any foreign corporation that is licensed by the commissioner
under Article 1 (commencing with Section 3500) of Chapter 19 to
maintain an office in this state and to transact at that office
business under Article 1 (commencing with Section 3500) of Chapter
19.
   (j) Any industrial bank that is organized under the laws of
another state of the United States and is insured by the Federal
Deposit Insurance Corporation.



794.  Any person or any bank violating any provision of the
foregoing sections of this article shall be liable to the people of
the state in the amount of one hundred dollars ($100) per day or part
thereof during which that violation continues.




795.  No person shall represent by advertisement, circular, or
otherwise, or in any manner mislead anyone to believe, that any
securities are legal investments for savings banks in this state or
conform to the requirements of law relating to such investments,
unless those securities are in fact at that time legal investments
for such banks or do in fact so conform. Any person violating the
provisions of this section shall be guilty of a misdemeanor and shall
be punishable by a fine of not more than one thousand dollars
($1,000) or by imprisonment in a county jail not exceeding one year,
or by both such fine and imprisonment.

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