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HomeFinancial CodeDiv. 6Ch. 6Art. 3§ 17640 Commissioner Authority Over Licensee Assets

§ 17640 Commissioner Authority Over Licensee Assets

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

§ 17640 Commissioner Authority Over Licensee Assets

This law lets the state commissioner take control of a licensee's business, property, and assets, and it allows the commissioner to ask a court for permission to do certain actions and to pay secured debts up to the value of the security.

Key Takeaways

  • •The commissioner can manage a licensee's assets even if not liquidating.
  • •A court order is needed for certain actions, after a notice hearing.
  • •Secured debts are paid only up to the value of the collateral.

Example

A liquor store owner stops operating and the state takes over the store’s inventory and equipment.

The commissioner can go to a local court to get approval for selling the inventory or signing paperwork, and can use the store’s cash to pay off any secured loans, but only up to the amount those loans are worth.

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

Official Source
View on CA.gov

§ 17640 Commissioner Authority Over Licensee Assets

If the commissioner is in possession of the business, property, and assets of a licensee, whether or not he is liquidating the affairs of such licensee, the commissioner may: (a) Apply to the superior court of the county in this State in which the principal office of the licensee is located for an order confirming any action taken by the commissioner, or authorizing the commissioner to do any act or execute any instrument not expressly authorized by this part. The order shall be given after a hearing on such notice as the court prescribes. (b) Pay and discharge any secured claims against the licensee, whether or not such claims have been presented for payment. No secured claim shall be paid in an amount larger than the value of the security at the time of payment. (Added by Stats. 1963, Ch. 2130.)

Last verified: January 11, 2026

Key Terms

commissionerlicenseesecured claimssuperior court

Related Statutes

  • § 17622 Licensee Possession Challenge
  • § 17635 Conservator To Liquidator Conversion
  • § 17636 Receiver Appointment Liquidation
  • § 17638 Commissioner Liquidation Powers
  • § 17642 Liquidation Inventory Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 17640.
View Official Source