For the purposes of this chapter:

(a) The term “financial institution” includes state and national banks, state and federal savings associations, trust companies, industrial loan companies, and state and federal credit unions. Such term shall not include a title insurer while engaging in the conduct of the “business of title insurance” as defined by § 12340.3 of the Insurance Code, an underwritten title company, or an escrow company.

Terms Used In California Government Code 7465

  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • 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.
  • County: includes city and county. See California Government Code 19
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Fiduciary: A trustee, executor, or administrator.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Subpoena duces tecum: A command to a witness to produce documents.

(b) The term “financial records” means any original or any copy of any record or document held by a financial institution pertaining to a customer of the financial institution.

(c) The term “person” means an individual, partnership, corporation, limited liability company, association, trust, or any other legal entity.

(d) The term “customer” means any person who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary.

(e) The term “state agency” means every state office, officer, department, division, bureau, board, and commission or other state agency, including the Legislature.

(f) The term “local agency” includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; or other local public agency.

(g) The term “supervisory agency” means any of the following:

(1) The Department of Financial Protection and Innovation.

(2) The Controller.

(3) The Administrator of Local Agency Security.

(4) The Bureau of Real Estate.

(5) The Department of Insurance.

(h) The term “investigation” includes, but is not limited to, any inquiry by a peace officer, sheriff, or district attorney, or any inquiry made for the purpose of determining whether there has been a violation of any law enforceable by imprisonment, fine, or monetary liability.

(i) The term “subpoena” includes subpoena duces tecum.

(Amended by Stats. 2022, Ch. 452, Sec. 173. (SB 1498) Effective January 1, 2023.)

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