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HomeFinancial CodeDiv. 2Ch. 2Art. 10§ 5868 Stock Issuance Limits

§ 5868 Stock Issuance Limits

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

§ 5868 Stock Issuance Limits

Key Takeaways

  • •A company can sell up to 49% of its stock to people outside its main owner (the mutual holding company).
  • •If the company sells stock that can turn into regular stock later, that counts toward the 49% limit.
  • •The main owner (mutual holding company) must always own at least 51% of the stock.

Example

A small bank wants to sell some of its stock to new investors to grow bigger.

The bank can sell up to 49% of its stock to these new investors. If it sells special stock that turns into regular stock later, that also counts in the 49%. The bank’s main owner must still keep at least 51% of the stock.

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

Official Source
View on CA.gov

§ 5868 Stock Issuance Limits

A reorganized stock association shall have the power to issue additional amounts of capital stock to the mutual holding company of which it is a subsidiary and, in addition, to other persons an amount of capital stock and securities convertible into capital stock which in the aggregate does not exceed 49 percent of the issued and outstanding capital stock of that organized association. For the purposes of the 49 percent limitation, any issued and outstanding securities that are convertible into capital stock shall be considered issued and outstanding capital stock. (Added by Stats. 1988, Ch. 718, Sec. 10.)

Last verified: January 23, 2026

Key Terms

associationsecuritiesstockadditionlimitation

Related Statutes

  • § 5614 Stock Sale Permit Requirements
  • § 5808 Subsidiary Restrictions Holding Company
  • § 5860 Mutual Association Reorganization Rules
  • § 5861 Creditor Rights After Reorganization
  • § 5863 Mutual Holding Company Approval

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 5868.
View Official Source