SECTIONS 3840-3845 - California Statutes

FINANCIAL CODE

SECTION 3840-3845

3840. No provision of this article applies to an insured foreign
(other state) bank that maintains a California branch office.

3841. (a) No insured foreign (other state) bank may establish or
maintain an office in this state at which it engages in noncore
banking business unless the bank complies with this article and
applicable provisions of Article 1 (commencing with Section 3800).
(b) (1) No person may establish or maintain an office in this
state as representative of an insured foreign (other state) bank
unless the bank complies with this article and applicable provisions
of Article 1 (commencing with Section 3800).
(2) For purposes of this article, if any person establishes or
maintains an office in this state as representative of an insured
foreign (other state) bank, the insured foreign (other state) bank is
deemed to establish and maintain the office as a facility.

3842. Not less than 30 days before an insured foreign (other state)
bank establishes a facility, it shall file with the commissioner a
report and the appointment called for in Section 3843.

3843. (a) Not less than 30 days before establishing a facility, an
insured foreign (other state) bank shall file with the commissioner,
in the form that the commissioner may by regulation or order require,
an appointment irrevocably appointing the commissioner and the
commissioner's successor from time to time in office to be the bank's
attorney to receive service of any lawful process in any noncriminal
judicial or administrative proceeding against the bank or any of its
successors that arises out of the activities in this state of the
facility after the appointment has been filed, with the same force
and validity as if served personally on the bank or its successors,
as the case may be.
(b) Any insured foreign (other state) bank that maintains a
facility and that has not filed with the commissioner an appointment
pursuant to subdivision (a) is deemed by the maintenance of the
facility to have appointed the commissioner as its attorney to
receive service of any lawful process in any noncriminal judicial or
administrative proceeding against the bank or any of its successors
that arises out of the activities in this state of the facility, with
the same force and validity as if served personally on the bank or
its successor, as the case may be.
(c) Service may be made on an uninsured foreign (other state) bank
that has appointed or is deemed to have appointed the commissioner
as its attorney for service of process by leaving a copy of the
process at any office of the commissioner. However, the service is
not effective unless (1) the party making the service, who may be the
commissioner, forthwith sends notice of the service and a copy of
the process by registered or certified mail to the bank served at the
last address on file with the commissioner for any of the bank's
offices in this state or at its head office, and (2) an affidavit of
compliance with this subdivision by the party making the service is
filed in the case on or before the return date, if any, or within any
further time that the court, in the case of a judicial proceeding,
or the administrative agency, in the case of an administrative
proceeding, allows.

3844. Not less than 30 days before an insured foreign (other state)
bank relocates a facility, it shall file a report with the
commissioner.

3845. Not less than 30 days before an insured foreign (other state)
bank closes a facility, it shall file a report with the
commissioner.