BILL NUMBER: AB 1536 CHAPTERED 07/06/99 CHAPTER 57 FILED WITH SECRETARY OF STATE JULY 6, 1999 APPROVED BY GOVERNOR JULY 6, 1999 PASSED THE SENATE JUNE 16, 1999 PASSED THE ASSEMBLY MAY 17, 1999 AMENDED IN ASSEMBLY MAY 12, 1999 INTRODUCED BY Assembly Member Robert Pacheco FEBRUARY 26, 1999 An act to amend Section 3371 of the Financial Code, relating to banks. LEGISLATIVE COUNSEL'S DIGEST AB 1536, Robert Pacheco. Banks: extension of credit. Existing state law provides that no bank shall acquire, hold, extend credit on the security of, or extend credit for the purpose of acquiring or carrying, any security of the bank or of any controlling person of the bank. An "extension of credit" for these purposes is defined in a specified regulation of the Federal Reserve Board. This bill would make certain technical, nonsubstantive changes in those provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3371 of the Financial Code is amended to read: 3371. As used in this article: (a) "Bank" means: (1) Any commercial bank or trust company incorporated under the laws of this state. (2) Any foreign (other nation) bank that is licensed by the commissioner under Article 3 (commencing with Section 1750) of Chapter 13.5 of this division to maintain a depositary agency or branch office (as defined in Section 1700) in this state, with respect to any office of that type. (3) Any corporation incorporated under the laws of this state that is incorporated for the purpose of engaging in, or that is authorized by the commissioner to engage in, business under Article 1 (commencing with Section 3500) of Chapter 19. (4) Any foreign corporation that is licensed by the commissioner under Article 1 (commencing with Section 3500) of Chapter 19 of this division to maintain an office in this state and to transact at the office business under that article, with respect to any office of that type. (5) When used to designate a person that extends credit, any subsidiary of a bank, as defined in paragraph (1), (2), (3), or (4). (b) "Company" has the meaning set forth in subdivision (b) of Section 215.2 of Regulation O. (c) "Executive officer" has the meaning set forth in paragraph (1) of subdivision (e) of Section 215.2 of Regulation O. Also, "executive officer," when used with respect to any bank of the type described in paragraph (2) or (4) of subdivision (a), includes the manager of each office of the type referred to in paragraph (2) or (4) of subdivision (a) that the bank maintains in this state. (d) "Extension of credit" has the meaning set forth in Section 215.3 of Regulation O. However, for purposes of this subdivision, the term "member bank," as used in Section 215.3, means a bank. (e) "Regulation O" means Regulation O (Part 215 (commencing with Section 215.1) of Title 12 of the Code of Federal Regulations) of the Board of Governors of the Federal Reserve System, as amended from time to time. (f) "Subsidiary" has the meaning set forth in Section 1841(d) of Title 12 of the United States Code. However, for purposes of this subdivision, the term "bank holding company," as used in Section 1841 (d) of Title 12 of the United States Code, means a bank holding company, as defined in Section 1841(a) of Title 12 of the United States Code, or a bank, and the term "board," as used in Section 1841 (d) of Title 12 of the United States Code, means the commissioner.