§ 18415. — 18415. (Amended by Stats. 1989, Ch. 583, Sec. 2.5.)

California § 18415.

• Jurisdiction: California
• Code FIN: Financial Code - FIN
• Div. 7.: DIVISION 7. INDUSTRIAL LOAN COMPANIES
• Ch. 5.: CHAPTER 5. Administration and Powers of the Commissioner
• Art. 4.: ARTICLE 4. Possession, Conservatorship, and Liquidation by the Commissioner

Text

The commissioner may take possession of the property and business of any industrial loan company and retain possession until the company resumes business or its affairs are liquidated if any of the following grounds exist:
(a)
The capital of an industrial loan company is impaired.
(b)
An industrial loan company has violated its articles of incorporation or any law of this state.
(c)
An industrial loan company is conducting its business in an unsafe or
unauthorized manner.
(d)
An industrial loan company refuses to submit its books, papers and affairs to the inspection of any examiner.
(e)
An officer of any industrial loan company refuses to be examined upon oath touching the concerns of such industrial loan company.
(f)
An industrial loan company has suspended payment of its obligations.
(g)
An industrial loan company is in such condition that it is unsound or unsafe for it to transact business.
(h)
An industrial loan company neglects or refuses to observe any order of the commissioner made pursuant to this division, unless the enforcement of that order is restrained in a proceeding brought by the industrial loan company.
(i)
An industrial loan company (1) fails to become and continue as either a member of the Federal Deposit Insurance Corporation or a member of the Thrift Guaranty Corporation of California in accordance with Chapter 7 (commencing with Section 18475), (2) has its right to participate in the Thrift Guaranty Corporation of California suspended or revoked pursuant to subdivision (a) of Section 18496 and it is not a member of the Federal Deposit Insurance Corporation, or (3) fails to pay any assessment levied pursuant thereto within the time specified.
(j)
A member industrial loan company of Guaranty Corporation refuses to permit Guaranty Corporation, its appointed certified public accountant or public accountant, or specialized committees or employees to fulfill their duties under Section 18496.
(k)
An industrial loan
company has sold or issued investment certificates in violation of the provisions of this division.
(
l
)
An industrial loan company has failed to maintain in effect a bond required under the provisions of this division.
(m)
Any fact or condition exists which, if it had existed at the time of the original application for authority to organize and establish a corporation to engage in the industrial loan business reasonably would have warranted the commissioner in disapproving the application.
(n)
An application for membership in the Federal Deposit Insurance Corporation has not been filed with and accepted by the Federal Deposit Insurance Corporation on or before January 15, 1990.
If the commissioner takes possession of the business and property of an industrial loan
company, the company, with the consent of the commissioner, may resume business upon prescribed conditions.

Legislative History

Amended by Stats. 1989, Ch. 583, Sec. 2.5.