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HomeFinancial CodeDiv. 1.1Ch. 20Art. 3§ 1805 Foreign Bank Office Restrictions

§ 1805 Foreign Bank Office Restrictions

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

§ 1805 Foreign Bank Office Restrictions

This law tells foreign banks that operate an office in the U.S. what kinds of banking they can do there, especially limiting the types of deposits they may accept.

Key Takeaways

  • •Foreign banks can’t accept most deposits at their U.S. offices.
  • •Deposits are allowed only from other foreign nations, foreign agencies, or people who live abroad.
  • •Different rules apply depending on whether the office is an agency, limited branch, or wholesale branch.
  • •The bank can keep credit balances only if the regulator allows it.
  • •The bank can’t do any banking activity it isn’t permitted to do in its home country or that U.S. banks can’t do.

Example

A German bank has a branch in California and wants to take savings deposits from local residents.

The law says the branch can only accept deposits from other foreign governments, foreign companies, or people who live outside the U.S. It cannot take regular deposits from everyday U.S. customers unless special rules apply.

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

Official Source
View on CA.gov

§ 1805 Foreign Bank Office Restrictions

(a) A foreign (other nation) bank that is licensed to maintain an agency or branch office may transact commercial banking business at the office, subject to the following: (1) In case the office is a nondepositary agency, the bank shall not transact the business of accepting deposits. (2) In case the office is a depositary agency, the bank shall not transact the business of accepting any deposits other than deposits of (A) a foreign nation, (B) an agency or instrumentality of a foreign nation, or (C) a person which resides, is domiciled, and maintains its principal place of business in a foreign nation. For purposes of this paragraph, “person” means any individual, proprietorship, joint venture, partnership, trust, business trust, syndicate, association, joint stock company, corporation, limited liability company, or any other organization or any branch or division thereof. (3) In case the office is a limited branch office, the bank shall not transact the business of accepting any deposits other than (A) deposits of the kind described in paragraph (2), or (B) deposits that a corporation organized under Section 25A of the Federal Reserve Act (12 U.S.C. Sec. 612 et seq.) is permitted to accept. (4) In case the office is a wholesale branch office, the bank shall not transact the business of accepting any deposits other than (A) deposits of the kind described in paragraph (2), (B) deposits of two hundred fifty thousand dollars ($250,000) or more, or (C) deposits the acceptance of which the commissioner determines by regulation or order do not constitute engaging in domestic retail deposit activities requiring deposit insurance protection. (5) In case the office is an agency, limited branch office, or wholesale branch office, the bank may, subject to any regulations that the commissioner may prescribe, maintain credit balances. (6) In any case, the bank shall not transact any business that it is not authorized to transact or is prohibited from transacting under the law of its domicile or that commercial banks organized under the laws of this state are not authorized to transact or are prohibited from transacting. (b) No foreign (other nation) bank that is licensed to maintain an agency or branch office shall transact any trust business at the office except as permitted under Section 1555. (Amended by Stats. 2013, Ch. 334, Sec. 42. (SB 537) Effective January 1, 2014.)

Last verified: January 11, 2026

Key Terms

foreign (other nation) bankagency or branch officecommercial banking businessnondepositary agencydepositary agencylimited

Related Statutes

  • § 1800 Foreign Bank Operations Limits
  • § 1806 Foreign Bank Agency Rules
  • § 1813 Foreign Bank Office Closure
  • § 1762 Foreign Bank Representative Office
  • § 1801 Foreign Bank Licensing Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1805.
View Official Source