California Codes > Financial Code > Division 7 > Chapter 1 > Article 1 – Definitions
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Terms Used In California Codes > Financial Code > Division 7 > Chapter 1 > Article 1 - Definitions
- Capital: as used in this division , consists of all of the following:
California Financial Code 18018
- Capital Stock: as used in this division , means one-class voting common stock. See California Financial Code 18019
- Charges: as used in this division , include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by an industrial loan company or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing of a loan, or for forbearance of money, credit, goods, things in action, or any other service or services rendered. See California Financial Code 18007
- company: as used in this division means a premium finance agency as defined in Section 18560. See California Financial Code 18003
- County: includes city and county. See California Health and Safety Code 14
- department: means State Department of Health Services. See California Health and Safety Code 20
- Director: means "State Director of Health Services. See California Health and Safety Code 21
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Forbearance: A means of handling a delinquent loan. A
- Limited life preferred: as used in this division , means preferred stock which has a maturity or which may be redeemed at the option of the holder. See California Financial Code 18018.5
- Mandatory convertible debt: as used in this division , means a subordinated debt instrument which requires the issuer to convert that instrument into common or perpetual preferred stock by a date at or before the maturity of the debt instrument. See California Financial Code 18018.4
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Outstanding loans and obligations: as used in this division , means total outstanding loans and obligations, including lease obligations, less unearned interest or charges, unearned discount, reserve or allowance for losses, and other applicable allowances or deductions as determined by regulation of the commissioner. See California Financial Code 18013
- Perpetual preferred stock: as used in this division , means a preferred stock that does not have a stated maturity date or that can not be redeemed at the option of the holder. See California Financial Code 18018.3
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
- Primary capital: as used in this division , means the sum of common stock, perpetual preferred stock, capital surplus, undivided profits, capital reserves, and mandatory convertible debt (to the extent of 20 percent of primary capital exclusive of that debt). See California Financial Code 18018.1
- Principal amount: as used in this division , means the net amount of money, credit, goods, or things in action received by the debtor or borrower or disbursed on the borrower's instructions at the time of entering into the transaction. See California Financial Code 18009
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- Subordinated notes and debentures: as used in this division , means an obligation other than an investment certificate obligation that:
California Financial Code 18018.6