California Corporate & Securities Law

About eight years ago, I wrote about Section 201(a) of the California Corporations Code which prohibits the Secretary of State from filing articles of incorporation setting forth a name in which “bank,” “ trust,” “trustee,” or related words appear,...

Chapter 5 of the California Corporations Code imposes specific limitations on distributions to shareholders. Because California chartered banks are formed under the California General Corporation Law, one would expect that Chapter 5 applies to...

In October 1907, F. Augustus Heinze and Charles W. Morse tried, but failed, to corner the copper market, only to be out maneuvered by John Rockerfeller. Mr. Heinze was president of the National Commercial Bank of New York and the depositors began a...

Over the last two years, I have written about California's nascent entry into public banking.  See Would You Bank On Los Angeles?, Governor Signs Bill Authorizing Public Banks - What Could Possibly Go Wrong?, and When, If Ever, Will California...

 A little over a year ago, California Governor Gavin Newsom signed  legislation, AB 857 (2019 Cal. Stats. ch. 442) local agencies to establish so-called "public banks", subject to approval by the Department of Financial Protection and Innovation and...

In August 2019, I never would have imagined that a banking regulator would be required customers to wear masks. In today's changed world, banking regulators are doing just that. The California Department of Business Oversight in its August monthly...

The California Department of Business Oversight regulates the money transmission business pursuant to the Money Transmission Act, Cal. Fin. Code § 2000 et seq.  The Act currently defines "money transmission" as any of the following:

Six years ago, I wrote about the enactment of legislation, AB 2364 (Wagner) intended to make it easier to levy on bank accounts.  The law requires a bank or financial institution with more than nine branch offices within California to designate one...

I have written several posts on SB 528 (Hueso), a bill that I considered a potential "sleeper". In my parlance, a "sleeper" is a bill that doesn't attract much attention but results in big changes.  SB 528 would have chartered the California...