§ 4876.05. — 4876.05. (Amended by Stats. 1996, Ch. 1064, Sec. 497.4.)

California § 4876.05.

• Jurisdiction: California
• Code FIN: Financial Code - FIN
• Div. 1.6.: DIVISION 1.6. DEPOSITORY CORPORATIONS—SALE, MERGER, AND CONVERSION
• Ch. 3.: CHAPTER 3. Sale
• Art. 3.5.: ARTICLE 3.5. Sale of Whole Business Unit of California State Independent Trust Company to Uninsured Foreign (Other State) State Depository Corporation

Text

If the commissioner finds all of the following with respect to an application for approval of a sale, the commissioner shall approve the application:
(a)
That the shareholders’ equity of the purchaser will be adequate and that the financial condition of the purchaser will be satisfactory.
(b)
That the directors and executive officers of the purchaser will be satisfactory.
(c)
That the purchaser will afford reasonable promise of successful operation and that it is reasonable to believe that the purchaser will operate in a safe and sound manner and in compliance with all applicable laws.
(d)
That the sale will be fair, just, and equitable. For purposes of this subdivision, in the case of any term of the sale that has been determined by agreement between the seller and the purchaser in an arm’s-length transaction, the commissioner shall find that the term is fair, just, and equitable to the seller and the purchaser.
If the commissioner finds otherwise, the commissioner shall deny the application for approval of the sale.

Legislative History

Amended by Stats. 1996, Ch. 1064, Sec. 497.4. Effective January 1, 1997. Operative July 1, 1997.