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HomeFinancial CodeDiv. 2Ch. 2Art. 8§ 5802 Savings Association Acquisition Approval

§ 5802 Savings Association Acquisition Approval

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

§ 5802 Savings Association Acquisition Approval

Key Takeaways

  • •The government has 60 days to say 'yes' or 'no' to someone who wants to buy a savings bank. If they need more time, they have to give a good reason.
  • •The buyer can't make it harder for other banks to compete or try to control all the banks in an area unless it really helps the community.
  • •The buyer must have enough money and be trustworthy so the bank stays safe and doesn't hurt people who save or borrow money there.
  • •The buyer's plan for the bank must be fair and not harm the bank, its customers, or the whole banking system in the state.

Example

A big company wants to buy a small local bank where people save money and get loans.

The government checks if the big company will play fair, has enough money, and won’t hurt the small bank or its customers. If the big company plans to close the bank and make it hard for people to get loans, the government can say 'no'.

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

Official Source
View on CA.gov

§ 5802 Savings Association Acquisition Approval

The commissioner shall within 60 days after the date of filing of a completed application, unless good cause is shown why a decision to approve or deny could not be made within 60 days, approve the application with any conditions reasonably necessary or advisable in the public interest, or deny the application. The commissioner shall determine whether the following criteria are met, and if the criteria are not met, the application shall be denied: (a) The acquisition, under any federal or state law, will not substantially lessen competition and will not in any manner be in restraint of trade or result in a monopoly, or be in furtherance of any combination or conspiracy to monopolize or attempt to monopolize the savings association business in any part of the state unless the commissioner finds that the anticompetitive effects of the proposed acquisition are clearly outweighed in the public interest in meeting the convenience and needs of the community that the association serves. (b) The financial condition of any acquiring person will not jeopardize the financial stability of the association or the savings and loan holding company sought to be acquired and will not prejudice the interest of the savings account holders, borrowers, or stockholders of the association and is in the public interest. (c) The plan or proposal under which the acquiring person intends to liquidate the savings association or the savings and loan holding company, to sell its assets or to merge it with any person or association, or to make any other major change in its business or corporate structure or management, is fair and reasonable to the association, its savings account holders, borrowers, and resident stockholders, and will not tend to impair the integrity of the state’s savings association system, and is in the public interest. (d) The competence, experience, integrity, and resources of any acquiring person indicate that approval would be in the interest of the association, its savings account holders, borrowers, and resident stockholders and of the community that the association serves. (e) The requirements of this article have been met. (f) The acquisition would not violate state or federal law and the commissioner determines that approval is in the public interest. (g) The applicant has provided all information requested by the commissioner. (Amended by Stats. 1987, Ch. 730, Sec. 8.)

Last verified: January 23, 2026

Key Terms

associationacquisitionapplicationcommissionstockcompetitionstabilityintegrity

Related Statutes

  • § 5400 Organizing Permit Fund Collection
  • § 5401 Organizing Permit Application
  • § 5750 Association Reorganization And Mergers
  • § 5759 Stock Acquisition Approval
  • § 5801 Savings And Loan Approval

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 5802.
View Official Source