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HomeFinancial CodeDiv. 1.6Ch. 1Art. 3§ 4828 Bank Merger Asset Transition

§ 4828 Bank Merger Asset Transition

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

§ 4828 Bank Merger Asset Transition

Key Takeaways

  • •If a bank buys or merges with another bank and gets stuff (like assets or activities) that it's not allowed to have, the bank boss (commissioner) can give them up to 12 months to get rid of it or change it to follow the rules.
  • •If the bank can't finish getting rid of the stuff in 12 months, the bank boss can give them more time if it's really needed.
  • •This rule applies to different types of banks, like regular banks, foreign banks, savings banks, and loan companies.

Example

Bank A buys Bank B. Bank B has some investments that Bank A is not allowed to have.

The bank boss can give Bank A up to 12 months to sell those investments or change them to follow the rules. If Bank A can't do it in 12 months, the boss can give them more time if it's fair.

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

Official Source
View on CA.gov

§ 4828 Bank Merger Asset Transition

Subject to the provisions of Sections 4827.3 and 4827.7 but notwithstanding any other provision of law: (a) (1) If, as a result of any sale, merger, or conversion effected pursuant to the provisions of this division, a California state bank acquires any asset or liability, or becomes engaged in any activity, which was permitted to the selling, disappearing, or converting depository corporation but which is prohibited to California state banks, the commissioner may permit the California state bank a reasonable period of time, not to exceed 12 months, within which to divest itself of the asset, liability, or activity or to conform it to law. On a case-by-case basis, the commissioner may permit the California state bank a reasonable period of time in excess of 12 months if the commissioner finds that the bank cannot reasonably accomplish the divestment or conformity within the 12-month period. (2) If, as a result of any sale or merger effected pursuant to the provisions of this division, a California state-licensed foreign (other nation) bank acquires any asset or liability, or becomes engaged in any activity, which was permitted to the selling or disappearing depository corporation but which is prohibited to California state-licensed foreign (other nation) banks, the commissioner may permit the California state-licensed foreign (other nation) bank a reasonable period of time, not to exceed 12 months, within which to divest itself of the asset, liability, or activity or to conform it to law. On a case-by-case basis, the commissioner may permit the California state-licensed foreign (other nation) bank a reasonable period of time in excess of 12 months if the commissioner finds that the bank cannot reasonably accomplish the divestment or conformity within the 12-month period. (b) If, as a result of a sale, merger, or conversion effected pursuant to the provisions of this division, a California state savings association acquires any asset or liability, or becomes engaged in any activity, which was permitted to the selling, disappearing, or converting depository corporation but which is prohibited to California state savings associations, the commissioner may permit the California state savings association a reasonable period of time, not to exceed 12 months, within which to divest itself of the asset, liability, or activity or to conform it to law. On a case-by-case basis, the commissioner may permit the California state savings association a reasonable period of time in excess of 12 months if the commissioner finds that the savings association cannot reasonably accomplish the divestment or conformity within the 12-month period. (c) If, as a result of a sale, merger, or conversion effected pursuant to the provisions of this division, a California industrial loan company acquires any asset or liability, or becomes engaged in any activity, which was permitted to the selling, disappearing, or converting depository corporation but which is prohibited to California industrial loan companies, the commissioner may permit the California industrial loan company a reasonable period of time, not to exceed 12 months, within which to divest itself of the asset, liability, or activity or to conform it to law. On a case-by-case basis, the commissioner may permit the California industrial loan company a reasonable period of time in excess of 12 months if the commissioner finds that the industrial loan company cannot reasonably accomplish the divestment or conformity within the 12-month period. (Amended by Stats. 1996, Ch. 1064, Sec. 475.1. Effective January 1, 1997. Operative July 1, 1997.)

Last verified: January 23, 2026

Key Terms

liabilitycorporationactivitycommissiontrialmergerlicenseassociation

Related Statutes

  • § 4827.7 Foreign Bank Account Transfers
  • § 185 Financial Institution Licensees
  • § 3103 Digital Asset Business Regulation
  • § 4824 Shareholder Equity Adequacy Rules
  • § 4828.7 Foreign Bank Business Sales

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 4828.
View Official Source