California Financial Code 1804 – (a) No foreign (other nation) bank which is licensed to maintain …
(a) No foreign (other nation) bank which is licensed to maintain an agency or branch office shall relocate such office unless the commissioner shall have first approved such relocation and issued a license authorizing such bank to maintain the office at the new site.
(b) If the commissioner finds the following with respect to an application by a foreign (other nation) bank for approval to relocate any agency or branch office, the commissioner shall approve such application:
Terms Used In California Financial Code 1804
- Agency: means a depositary agency or a nondepositary agency. See California Financial Code 1750
- Branch office: means a limited branch office, a retail branch office, or a wholesale branch office. See California Financial Code 1750
- License: means a license issued under this chapter, authorizing a foreign bank to maintain an office. See California Financial Code 1750
- licensed: means to be issued or to hold a license. See California Financial Code 1750
- Office: when used with respect to a foreign (other nation) bank, means any agency, branch office, or representative office of the bank. See California Financial Code 1750
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(1) In case the new site of the office is in the same vicinity as the old site:
(A) That it will not be unsafe or unsound for the bank to relocate the office; and
(B) That the relocation of the office will not be substantially detrimental to the public convenience and advantage, or that the relocation is necessary in the interests of the safety and soundness of the bank; or
(2) In case the new site of the office is not in the same vicinity as the old site:
(A) That the bank’s plan to relocate the office and to maintain the office at the new site affords reasonable promise of successful operation;
(B) That the relocation of the office from the old site will not be substantially detrimental to the public convenience and advantage in the area which is primarily served by the office at the old site, or that the relocation is necessary in the interests of the safety and soundness of the bank; and
(C) That the relocation of the office to the new site will promote the public convenience and advantage.
If the commissioner finds otherwise, the commissioner shall deny the application.
(c) Whenever an application by a foreign (other nation) bank for approval to relocate an agency or branch office has been approved and all conditions precedent to the issuance of a license authorizing such bank to maintain such office at the new site have been fulfilled, the commissioner shall issue such license.
(d) Promptly after a foreign (other nation) bank which is licensed to maintain an agency or branch office relocates such office, such bank shall surrender to the commissioner the license which authorized it to maintain such office at the old site.
(Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)