California Financial Code
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Transcript of California Financial Code
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7/30/2019 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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7/30/2019 California Financial Code
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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.