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HomeFinancial CodeDiv. 7Ch. 6§ 18438 Loan Violation Personal Liability

§ 18438 Loan Violation Personal Liability

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

§ 18438 Loan Violation Personal Liability

Key Takeaways

  • •If a loan or purchase breaks certain rules (Sections 18271-18274 or 18437), the people in charge can be held responsible.
  • •This includes bosses, directors, and owners of the company.
  • •They have to pay for any money the company loses because of the bad loan or purchase.
  • •This rule applies to the company, its parent company, and any related companies.

Example

A bank gives a huge loan to a friend of the boss without checking if they can pay it back, which is against the rules.

If the friend can't pay the loan back and the bank loses money, the boss and other leaders who knew about it have to pay the bank back for the loss.

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

Official Source
View on CA.gov

§ 18438 Loan Violation Personal Liability

If a loan is made or other thing is purchased or discounted in violation of Section 18271, 18272, 18273, 18274, or 18437, the officers, directors and shareholders of the industrial loan company, its holding company, or its affiliates participating therein or knowingly approving the same shall be personally liable for any loss suffered by the industrial loan company by reason thereof. (Amended by Stats. 1980, Ch. 418, Sec. 5.)

Last verified: January 23, 2026

Key Terms

loanviolationofficersdirectorsshareholderspersonally liable

Related Statutes

  • § 1007 Bank Liability Preservation
  • § 17212.1 Escrow Personnel Change Reporting
  • § 18441 Loan-Related Purchase Prohibition
  • § 2100 Money Transmission Receipt Filing
  • § 553 Commissioner Enforcement Orders

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 18438.
View Official Source