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HomeFinancial CodeDiv. 1.1Ch. 6§ 1209 Bank Security Exchange Approval

§ 1209 Bank Security Exchange Approval

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

§ 1209 Bank Security Exchange Approval

This law lets the state commissioner check and approve any deal where a bank wants to give out new securities or other things in exchange for existing securities, claims, property, or cash, and it gives anyone who will get those new securities a chance to speak at a hearing.

Key Takeaways

  • •The commissioner can approve or set conditions on bank deals that involve swapping securities, claims, property, or cash.
  • •A hearing can be held to check if the deal is fair.
  • •Anyone who will receive the new securities or other consideration can appear at the hearing and speak up.

Example

A bank wants to trade some of its own bonds for a company's stock and some cash.

The bank must ask the commissioner for permission. The commissioner will look at the deal to make sure it’s fair, can set rules for it, and will hold a hearing where the company and its shareholders can be heard before the deal is approved.

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

Official Source
View on CA.gov

§ 1209 Bank Security Exchange Approval

Whenever a bank applies for a permit to issue any security or to deliver any other consideration (whether or not such security or such transaction is exempt from, or not subject to, the provisions of Section 1202) in exchange for one or more bona fide outstanding securities (as defined in Section 25019 of the Corporations Code), claims, or property interests, or partly in such exchange and partly for cash, the commissioner is authorized to approve the terms and conditions of such issuance and exchange or such delivery and exchange and the fairness of such terms and conditions and is authorized to hold a hearing on the fairness of such terms and conditions, at which all persons to whom it is proposed to issue any security or to deliver any other consideration in such exchange shall have the right to appear. (Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)

Last verified: January 10, 2026

Key Terms

bankpermitsecuritycommissionerhearingfairnessterms and conditions

Related Statutes

  • § 18427.8 Security Exchange Approval
  • § 1201 Bank Security Sale Permits
  • § 1203 Permit Application Requirements
  • § 1206 Permit Conditions For Securities
  • § 17638 Commissioner Liquidation Powers

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1209.
View Official Source