Fin. Code, § 1406 · Article 1. Depositors
Fin. Code, § 1406
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) In this section:
(1) “Creditor” includes, but is not limited to, a depositor.
(2) “Insolvency,” when used with respect to a bank, means that the bank is unable to pay its debts as they come due.
(b) This section does not apply to any of the following:
(1) Any transaction authorized under Section 1463 or 1465.
(2) Any transaction made by a bank in the ordinary course of its business.
(c) No bank may pay or secure a creditor if the bank does so (1) after committing an act of insolvency or in contemplation of insolvency and (2) with a view to preventing the application of its assets in the manner prescribed in Chapter 7 (commencing with Section 600) of Division 1 or with a view to the preference of one creditor to another.
(d) Any transaction made by a bank in violation of this section is void.
Notes and commentary — not statutory text
History
Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FIN§ionNum=1406.
- Text hash
- sha256 738a1106b1a283f61b7536b0647925b23efdf16d06fd15423c752b99d17e641d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.