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HomeFinancial CodeDiv. 7Ch. 6§ 18442 Loans On Capital Security Prohibited

§ 18442 Loans On Capital Security Prohibited

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

§ 18442 Loans On Capital Security Prohibited

Key Takeaways

  • •A company that lends money can't use its own money or shares as a guarantee for a loan.
  • •This rule applies to the company itself, its parent company, or any related companies.
  • •The company can't promise to pay someone else's debt using its own money or shares as backup.

Example

A bank wants to lend money to a friend and says, 'If he can't pay you back, I'll give you some of my own shares in the bank.'

This is not allowed. The bank can't use its own shares or money to guarantee the loan.

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

Official Source
View on CA.gov

§ 18442 Loans On Capital Security Prohibited

An industrial loan company shall not make any loan of money or property to or guarantee the obligation of any person upon the security of its capital (including the shares of capital stock) of the company, its holding company, or its affiliates. (Amended by Stats. 1989, Ch. 663, Sec. 18. Operative January 1, 1991, by Sec. 20 of Ch. 663.)

Last verified: January 23, 2026

Key Terms

industrial loan companyloan of money or propertyguarantee the obligationcapitalshares of capital stockholding companyaffiliates

Related Statutes

  • § 18436 Loan Restrictions For Insiders
  • § 18446 Fraudulent Property Handling Penalty
  • § 18447 False Financial Reporting Penalties
  • § 18450 Loan Violation Penalties
  • § 18452 Insolvent Company Certificate Sales

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 18442.
View Official Source