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HomeFinancial CodeDiv. 1.1Ch. 3§ 1044 Banking Business Authorization Requirements

§ 1044 Banking Business Authorization Requirements

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

§ 1044 Banking Business Authorization Requirements

This law says a bank or trust company can't start doing any business until the state commissioner gives it a certificate, and it can't borrow money until all the promised capital has been fully paid in cash.

Key Takeaways

  • •A bank or trust company must get a commissioner’s certificate before doing any business.
  • •It cannot incur any debt until its contributed capital is fully paid.
  • •The capital must be paid in lawful money to the bank’s cashier or chief financial officer.

Example

A brand‑new bank wants to open its doors and start taking deposits.

First, the bank must wait until the commissioner signs a certificate saying it can do business. Then, even after the certificate, the bank can't take out a loan or any other debt until the owners have paid the full amount of capital they promised, in cash, to the bank's cashier or chief financial officer.

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

Official Source
View on CA.gov

§ 1044 Banking Business Authorization Requirements

No corporation organized to transact a commercial banking or trust business shall transact any business until the commissioner has issued his or her certificate authorizing it to transact such business. No bank or trust company shall incur any indebtedness except that which is incidental to its organization until the amount of its contributed capital has been fully paid in lawful money to the cashier or chief financial officer thereof. (Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)

Last verified: January 10, 2026

Key Terms

commercial bankingtrust businesscontributed capitallawful money

Related Statutes

  • § 1041 Bank Incorporation Approval Process
  • § 1003 Division Applicability Corporations
  • § 103 Bank Definition In Law
  • § 100018 Licensee Information Updates
  • § 100019 Licensee Compliance Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1044.
View Official Source