280-293
FINANCIAL CODE
SECTION 280-293
280. (a) In this section, "governmental agency" includes, without
limitation, any agency of this state, of any other state of the
United States, of the United States, or of any foreign nation.
(b) The commissioner may furnish information to a governmental
agency that regulates financial institutions.
(c) The commissioner may furnish to a governmental agency that
administers a loan guarantee or similar program, information relating
to a person who participates in the program.
(d) The commissioner may furnish to a governmental agency that
regulates business activities, other than the type described in
subdivision (b), information relating to any of the following:
(1) A suspected violation of a law administered by the agency.
(2) A person involved in an application to the agency for a
license, approval, or other authorization.
(e) The commissioner may furnish to a governmental agency that is
a law enforcement agency information relating to a suspected crime.
(f) The commissioner may furnish information to any person who
provides share insurance or guaranty of the shares of a credit union
in accordance with Section 14858, 16004, or 16503.
(g) The commissioner may furnish confidential information
regarding a licensee to the directors, officers, employees,
attorneys, accountants, and consultants of that licensee in
accordance with Section 282.
(h) This section does not prescribe the only circumstances under
which the commissioner may furnish information.
281. With the prior approval of the commissioner, a foreign (other
state) or foreign (other nation) financial institutions regulatory
agency may examine a licensee and any of its offices, provided that
the agency has a regulatory interest in the licensee. Any regulatory
agency approved by the commissioner under this section shall be
considered a supervisory agency under subdivision (f) of Section 7480
of the Government Code.
282. (a) Directors, officers, employees, attorneys, accountants, or
consultants of a licensee may not disclose in any manner to any
person confidential information regarding the licensee received from
the commissioner. The prohibition in this section shall not apply to
disclosures of confidential information by directors, officers,
employees, attorneys, accountants, or consultants of the licensee:
(1) Made pursuant to a subpoena or other discovery proceeding.
(2) Made to any state or federal prosecuting or investigatory
agency or authority.
(3) Made to any state, federal, or foreign (other nation)
financial institutions regulatory agency that has a direct regulatory
interest in the licensee.
(4) Made to any state or federal taxing agency.
(5) Made as otherwise required by law.
(6) Made as otherwise authorized by the commissioner in writing.
(b) Any director, officer, employee, attorney, accountant, or
consultant that discloses confidential information in a manner other
than allowed by this section shall be liable for a civil penalty not
to exceed fifty thousand dollars ($50,000). The commissioner may
impose a penalty under this section in accordance with the procedures
set forth in Section 216.3.
(c) The prohibition set forth in subdivision (a) shall not apply
to any discussion, analysis, or other use of confidential information
provided by the commissioner that occurs between directors,
officers, employees, attorneys, accountants, or consultants of the
licensee.
283. Every licensee shall make and file with the commissioner
whenever required by him or her a report in any form as the
commissioner may prescribe and verified in any manner the
commissioner prescribes, showing its financial condition and any
other information as the commissioner may require at the close of
business on any day designated by him or her. Any verification shall
state that each of the officers making the verification has a
personal knowledge of the matters in the report and that each of them
believes that each statement in the report is true.
284. The commissioner shall call for the report specified in
Section 283 from all licensees at least four times each year upon
dates selected by the commissioner.
285. The commissioner may at any time require any licensee to make
and file with him or her a special report furnishing any information
as the commissioner may specify when necessary to inform him or her
fully of the actual financial condition and all other affairs of the
licensee. The reports shall be in the form and filed on a date
prescribed by the commissioner and shall, if required by the
commissioner, be verified in any manner that he or she prescribes.
286. Every licensee shall keep its corporate records, financial
records, and books of account in words and figures of the English
language and in form satisfactory to the commissioner.
287. Every licensee shall notify the commissioner of any change in
the following officers of the licensee, to the extent that those
officers exist within the licensee: chairperson, chief executive
officer, president, general manager, managing officer, chief
financial officer, or chief credit officer.
288. (a) Each report required under this article, or under any
other provision of law administered by the commissioner, shall be
filed with the commissioner at the time that the commissioner may
require. If any licensee fails to make any required report at the
time specified by the commissioner or fails to include therein any
matter required by this article, any provision of law administered by
the commissioner, or by the commissioner, it shall be liable to the
people of this state in the sum of not more than one hundred dollars
($100) for each day that the report is delayed or withheld by the
failure or neglect of the licensee.
(b) The provisions of Section 216.3 shall not apply to this
section.
289. (a) Every licensee shall file with the commissioner one copy
of all material filed by the licensee with any applicable federal
financial institutions regulatory agency, law enforcement agency, or
other federal agency that is required to be filed by law or order of
the agency.
(b) Each copy required to be filed pursuant to subdivision (a)
shall be filed with the commissioner on or before the date upon which
the original is filed with the federal regulatory agency and shall
be available for inspection by the public except to the extent the
information contained therein is accorded confidential treatment
under federal law or regulations. That material shall be open for
inspection by the Attorney General.
290. Any person intentionally making a false statement in any
report required to be rendered under this article or other provision
of law administered by the commissioner is guilty of perjury.
291. Any debt due a licensee on which interest is past due and
unpaid for the period of one year shall be charged off, unless the
debt is well secured or is in process of collection.
292. Any person that provides services to any licensee, at the
request of the commissioner, shall submit to an examination by the
commissioner. Should the commissioner deem it necessary or desirable
that an examination be made of a person, the examination shall be
made at the expense of the person examined. If the person refuses to
permit an examination to be made, the commissioner may order every
licensee receiving services from that person to discontinue receiving
those services or otherwise conducting business with that person,
and the licensees shall comply with that order.
292.5. (a) All references in this code and the Corporations Code to
financial statements, balance sheets, income statements, and
statements of changes in financial position of a licensee, and all
references to assets, liabilities, earnings, retained earnings,
shareholders' equity, net worth, and similar accounting items of a
licensee, mean those financial statements or those items prepared or
determined in conformity with generally accepted accounting
principles then applicable in the United States, fairly presenting in
conformity with generally accepted accounting principles accepted in
the United States the matters which they purport to present, subject
to any specific accounting treatment required by any applicable
provision of the Corporations Code, this code, or any regulation,
order issued by the commissioner, or agreement entered into by the
commissioner and a licensee.
(b) The commissioner may, by regulation or order, require that any
financial statement or accounting item of a licensee be prepared or
determined in a manner other than in conformity with generally
accepted accounting principles accepted in the United States if the
commissioner finds that such other manner is necessary or appropriate
to carry out the purposes or provisions of this code.
293. (a) An officer of a financial institution, within the meaning
of Section 1101(1) of the federal Right to Financial Privacy Act of
1978 (12 U.S.C. Sec. 3401(1)), shall furnish the State Department of
Health Care Services or its designee with information in the
possession of the bank or company regarding the assets of any person
who is applying for, or is receiving assistance or benefits from, the
State Department of Health Care Services and has provided
authorization pursuant to Section 14013.5 of the Welfare and
Institutions Code.
(b) The obtaining of financial records by the State Department of
Health Care Services, or its designee, pursuant to this section shall
be subject to the cost reimbursement requirements of Section 1115(a)
of the federal Right to Financial Privacy Act of 1978 (12 U.S.C.
Sec. 3415(a)) and shall be at no cost to the applicant, recipient, or
any other person, as defined in paragraph (3) of subdivision (c) of
Section 14013.5 of the Welfare and Institutions Code.
(c) An authorization obtained by the State Department of Health
Care Services, or its designee, under Section 14013.5 of the Welfare
and Institutions Code shall be considered as meeting the requirements
of Section 1103(a) of the federal Right to Financial Privacy Act of
1978 (12 U.S.C. Sec. 3403(a)) and, notwithstanding Section 1104(a) of
the federal Right to Financial Privacy Act of 1978 (12 U.S.C. Sec.
3404(a)), need not be furnished to the financial institution.
(d) The certification requirements of Section 1103(b) of the
federal Right to Financial Privacy Act of 1978 (12 U.S.C. Sec. 3403
(b)) shall not apply to requests by the State Department of Health
Care Services, or its designee, pursuant to an authorization provided
under Section 14013.5 of the Welfare and Institutions Code.
(e) A request by the State Department of Health Care Services, or
its designee, pursuant to an authorization provided under Section
14013.5 of the Welfare and Institutions Code shall be deemed to meet
the requirements of Section 1104(a)(3) of the federal Right to
Financial Privacy Act of 1978 (12 U.S.C. Sec. 3404(a)(3)) and of
Section 1102 of the act (12 U.S.C. Sec. 3402), relating to a
reasonable description of financial records.