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HomeFinancial CodeDiv. 1.1Ch. 13Art. 1§ 1452 Bank Deposit Claims Protection

§ 1452 Bank Deposit Claims Protection

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

§ 1452 Bank Deposit Claims Protection

This law lets banks ignore orders or claims that come from places the U.S. doesn’t recognize as a legitimate government, unless a U.S. court forces them to act, and it lets the bank require a bond to protect against any losses.

Key Takeaways

  • •Banks do not have to follow directives from unrecognized governments.
  • •A U.S. court order is required before a bank must act on such directives.
  • •The bank can protect itself by requiring a bond that covers any potential losses.

Example

A bank in California receives a notice from a foreign group that claims it is the legitimate authority in an occupied area and orders the bank to freeze a customer's account.

Because the foreign group is not recognized by the United States, the bank can keep the account open unless a U.S. court orders it to close the account. The bank can also ask the group to sign a bond that would cover any costs if the bank is later found to have acted incorrectly.

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

Official Source
View on CA.gov

§ 1452 Bank Deposit Claims Protection

A bank need not recognize or give any effect to (1) any claim to a deposit of cash or securities standing on its books to the credit of, or held by it for the account of, any corporation, firm or association in occupied territory or (2) any advice, statute, rule or regulation purporting to cancel or to give notice of the cancellation of the authority of any person at the time appearing on the books of such bank as authorized to withdraw or otherwise dispose of cash or securities of such corporation, firm or association, unless such bank is required so to do by appropriate process procured against it in a court of competent jurisdiction in the United States in a cause therein instituted by or in the name of such corporation, firm or association, or unless the person making such claim or giving such advice or invoking such statute, rule or regulation, as the case may be, shall execute to such bank, in form and with sureties acceptable to it, a bond indemnifying it from any and all liability, loss, damage, costs and expenses for and on account of recognizing or giving any effect to such claim, advice, statute, rule or regulation. For the purposes of this section (1) the term “occupied territory” shall mean territory occupied by a dominant authority asserting governmental, military or police powers of any kind in such territory, but not recognized by the United States as the de jure government of such territory, and (2) the term “corporation, firm or association in occupied territory” shall mean a corporation, firm or association which has, or at any time has had, a place of business in territory which has at any time been occupied territory. The provisions of this section shall be effective only in cases where (1) such claim or advice purports or appears to have been sent from or is reasonably believed to have been sent pursuant to orders originating in, such occupied territory during the period of occupation, or (2) such statute, rule or regulation appears to have emanated from such dominant authority and purports to be or to have been in force in such occupied territory during the period of occupation. This section applies to claims, advices, statutes, rules or regulations given or invoked either before or after the effective date of this section. (Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)

Last verified: January 11, 2026

Key Terms

corporationregulationassociationliabilityclaimportsecuritiesauthority

Related Statutes

  • § 6515 Association Fiduciary Powers
  • § 100003 Commissioner Licensing Authority
  • § 23052 License Suspension Or Revocation
  • § 28106 Commissioner Licensing Authority
  • § 30201 Securities Depository Ownership Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1452.
View Official Source