JurisdictionCaliforniaCode FINFinancial Code - FIN
Div. 2.DIVISION 2. SAVINGS ASSOCIATION LAW
Ch. 2.CHAPTER 2. Corporate Organization and Corporate Changes
Art. 8.ARTICLE 8. Holding Companies and Stock Acquisitions
This text of California § 5802. (5802. (Amended by Stats. 1987, Ch. 730, Sec. 8.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
The commissioner shall within 60 days after the date of filing of a completed application, unless good cause is shown why a decision to approve or deny could not be made within 60 days, approve the application with any conditions reasonably necessary or advisable in the public interest, or deny the application. The commissioner shall determine whether the following criteria are met, and if the criteria are not met, the application shall be denied:
(a)The acquisition, under any federal or state law, will not substantially lessen competition and will not in any manner be in restraint of
trade or result in a monopoly, or be in furtherance of any combination or conspiracy to monopolize or attempt to monopolize the savings association business in any part of the state unless the commissioner
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The commissioner shall within 60 days after the date of filing of a completed application, unless good cause is shown why a decision to approve or deny could not be made within 60 days, approve the application with any conditions reasonably necessary or advisable in the public interest, or deny the application. The commissioner shall determine whether the following criteria are met, and if the criteria are not met, the application shall be denied:
(a)
The acquisition, under any federal or state law, will not substantially lessen competition and will not in any manner be in restraint of
trade or result in a monopoly, or be in furtherance of any combination or conspiracy to monopolize or attempt to monopolize the savings association business in any part of the state unless the commissioner finds that the anticompetitive effects of the proposed acquisition are clearly outweighed in the public interest in meeting the convenience and needs of the community that the association serves.
(b)
The financial condition of any acquiring person will not jeopardize the financial stability of the association or the savings and loan holding company sought to be acquired and will not prejudice the interest of the savings account holders, borrowers, or stockholders of the association and is in the public interest.
(c)
The plan or proposal under which the acquiring person intends to liquidate the savings association or the savings and loan holding company, to sell its assets or to
merge it with any person or association, or to make any other major change in its business or corporate structure or management, is fair and reasonable to the association, its savings account holders, borrowers, and resident stockholders, and will not tend to impair the integrity of the state’s savings association system, and is in the public interest.
(d)
The competence, experience, integrity, and resources of any acquiring person indicate that approval would be in the interest of the association, its savings account holders, borrowers, and resident stockholders and of the community that the association serves.
(e)
The requirements of this article have been met.
(f)
The acquisition would not violate state or federal law and the commissioner determines that approval is in the public interest.
(g)
The applicant has provided all information requested by the commissioner.