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HomeFinancial CodeDiv. 1.1Ch. 3§ 1041 Bank Incorporation Approval Process

§ 1041 Bank Incorporation Approval Process

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1041 Bank Incorporation Approval Process

This law says a new bank or trust company must get the commissioner’s okay before filing its articles, then after filing it must send a certified copy, prove all its start‑up money is paid and in a bank, and pay a $2,500 fee.

Key Takeaways

  • •Get the commissioner’s approval before filing the articles of incorporation.
  • •After filing, send a certified copy of the articles to the commissioner.
  • •Show that all contributed capital is fully paid, deposited in a state or national bank, and available on demand.
  • •Pay a $2,500 filing fee to the commissioner.

Example

A group wants to start a new community bank. They first send their draft articles to the state banking commissioner for approval. After the commissioner says yes and they file the articles with the Secretary of State, they mail the certified copy of those articles, a statement showing the full amount of capital is in a state bank account, and a $2,500 payment to the commissioner.

The law makes the group do exactly those steps: get approval first, then provide the certified copy, proof of capital, and the fee before the bank can operate.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1041 Bank Incorporation Approval Process

The articles of incorporation of the proposed bank or trust company shall be submitted to the commissioner for his or her approval before they are filed with the Secretary of State pursuant to the Corporations Code. After the articles have been filed with the Secretary of State the proposed bank or trust company shall: (a) File with the commissioner a copy of its articles of incorporation, certified by the Secretary of State. (b) File with the commissioner a statement in the form and with any supporting data as the commissioner may require showing that the entire contributed capital has been fully paid in lawful money, unconditionally, and that the funds representing the contributed capital, less sums spent as authorized by this article for preopening expenditures are on deposit in a state or national bank in this state, subject to withdrawal on demand. (c) Pay to the commissioner a fee of two thousand five hundred dollars ($2,500). (Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)

Last verified: January 10, 2026

Key Terms

articles of incorporationcommissionercontributed capitalfee

Related Statutes

  • § 100018 Licensee Information Updates
  • § 100019 Licensee Compliance Requirements
  • § 100021 Debt Collection Annual Reporting
  • § 100022 Licensee Debt Collection Termination
  • § 1042 Bank Authorization Certificate Issuance

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1041.
View Official Source