California Financial Code

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Transcript of California Financial Code

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    FINANCIAL CODE

    SECTION 6200-6204

    6200. Except as provided in subdivision (b) of Section 6203, alldirectors, officers, and employees of an association shall, before

    entering upon the performance of any of their duties, execute their

    individual bonds with adequate corporate surety payable to the

    association as an indemnity for any loss the association may sustain

    of money or other property by or through any fraud, dishonesty,

    forgery or alteration, larceny, theft, embezzlement, robbery,

    burglary, hold-up, wrongful or unlawful abstraction, misapplication,

    misplacement, destruction or misappropriation, or any other dishonest

    or criminal act or omission by the director, officer, or employee.

    6201. Associations that employ collection agents, who for any

    reason are not covered by a bond required under Section 6200, shall

    provide for the bonding of each of those agents in an amount equal to

    at least twice the average monthly collection of the agent. The

    agents shall be required to make settlement with the association at

    least monthly.

    6202. No indemnity bond coverage is required of any agent that is a

    financial institution insured by the Federal Deposit Insurance

    Corporation.

    6203. (a) The amounts and form of indemnity bonds and sufficiencyof the surety shall be approved by the board of directors and by the

    commissioner.

    (b) In lieu of individual bonds, a blanket bond, protecting the

    association from loss through any act or acts of any director,

    officer, employee or agent, may be obtained.

    (c) A true copy of every indemnity bond shall be on file at all

    times at the association's home office.

    6204. Indemnity bonds shall provide that their cancellation either

    by the surety or by the insured shall not become effective unless and

    until 10 days' notice in writing first shall have been given to thecommissioner, unless the cancellation is approved earlier by the

    commissioner.

    SECTION 6850-6856

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    6850. Any association may accept fiduciary savings accounts in the

    name of any administrator, executor, custodian, conservator,

    guardian, trustee, or other fiduciary for a named beneficiary or

    beneficiaries.

    6851. (a.) The withdrawal value of a fiduciary account, and interest

    on it, or other rights relating to it, may be paid or delivered, in

    whole or in part, to the fiduciary without regard to any notice to

    the contrary as long as the fiduciary is living.

    (b.) The payment or delivery to the fiduciary or a receipt or

    acquittance signed by a fiduciary to whom payment or delivery of

    rights is made shall be a sufficient release of an association for

    the payment or delivery.

    6852. (a.) Whenever a person holding an account in a fiduciary

    capacity dies and no written notice of the revocation or termination

    of the fiduciary relationship has been given to an association andthe association has no written notice of any other disposition of the

    beneficial estate, the withdrawal value of the account, and interest

    on it, or other rights relating to it, may, at the option of an

    association, be paid or delivered, in whole or in part, to the

    beneficiary (heart) or beneficiaries.

    (b) In the absence of written notice to the contrary an

    association may presume that each beneficiary of an account with two

    or more beneficiaries has an undivided equal beneficial interest in

    the account.

    6855. No association paying any fiduciary, beneficiary, or

    designated person in accordance with this article or the California

    Multiple-Party Accounts Law contained in Part 2 (commencing with

    Section 5100) of Division 5 of the Probate Code shall, because of the

    payment, be liable for any estate, inheritance, or succession taxes

    that may be due this state.

    6856. The provisions of this article apply to federal associations

    to the extent that they are not inconsistent with and do not infringe

    upon federal laws governing federal associations.