California Financial Code 18685 – (a) No foreign (other state) industrial loan company that does …
(a) No foreign (other state) industrial loan company that does not already maintain a California branch office may:
(1) Merge as the surviving corporation (Section 148) with a California industrial loan company or California bank pursuant to paragraph (1) of subdivision (a) of Section 18684 unless the California industrial loan company or California bank has been in existence for at least five years.
Terms Used In California Financial Code 18685
- company: as used in this division means a premium finance agency as defined in Section 18560. See California Financial Code 18003
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Whole business unit: means all or substantially all of the business of an industrial loan company. See California Financial Code 18660
(2) Purchase the whole business unit, of a California industrial loan company or California bank pursuant to paragraph (2) of subdivision (a) of Section 18684 unless the California industrial loan company or California bank has been in existence for at least five years.
(b) For purposes of this section, a California industrial loan company or California bank that is established solely for the purpose of, and does not open for business prior to, acquiring the whole business unit of a second California industrial loan company or California bank through a merger or purchase is deemed to have been in existence for the same period of time as the second California industrial loan company or California bank.
(Amended by Stats. 1996, Ch. 887, Sec. 57. Effective September 25, 1996.)