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HomeFinancial CodeDiv. 5Ch. 3Art. 3§ 14308 Bank Officer Removal Authority

§ 14308 Bank Officer Removal Authority

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 14308 Bank Officer Removal Authority

This law lets the regulator remove or block a person who runs a company if they broke the rules, did something unsafe, or broke their duty, especially when it hurts the company or its members.

Key Takeaways

  • •The regulator can suspend or remove a person from their job if they violate rules, act unsafely, or breach fiduciary duty.
  • •Suspension is allowed when the company suffers financial loss, members' interests are harmed, or the person gains financially.
  • •The misconduct must involve dishonesty or a willful disregard for the institution's safety or soundness.

Example

A bank manager secretly takes kickbacks and makes risky investments that cause the bank to lose money and hurt customers.

Because the manager broke the bank's rules, acted unsafely, and got personal gain, the regulator can suspend him and stop him from taking part in the bank's business without approval.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 14308 Bank Officer Removal Authority

If, after notice and a hearing, the commissioner finds that any of the factors set forth in subdivision (a), any of the factors set forth in subdivision (b), and any of the factors set forth in subdivision (c) are true with respect to a subject person of a subject institution, the commissioner may issue an order suspending or removing the subject person from the subject person’s office, if any, with the subject institution and prohibiting the subject person from participating in any manner in the conduct of the affairs of the subject institution without the approval of the commissioner: (a) (1) That the subject person has, directly or indirectly, violated any provision of this division, of any regulation or order issued under this division, of any other applicable law relating to the business of the licensee, or of any written agreement with the commissioner. (2) That the subject person has, directly or indirectly, engaged or participated in any unsafe or unsound act in connection with the business of the subject institution or any other business institution. (3) That the subject person has, directly or indirectly, engaged or participated in any act which constitutes a breach of the subject person’s fiduciary duty. (b) That, by reason of the act, violation, or breach of fiduciary duty described in subdivision (a) the following have occurred: (1) The subject institution or business institution has suffered or will probably suffer financial loss or other damage. (2) The interests of the members of the subject institution have been or could be prejudiced. (3) The subject person has received financial gain or other benefit. (c) That the act, violation, or breach of fiduciary duty described in subdivision (a) either involves dishonesty on the part of the subject person or demonstrates the subject person’s willful or continuing disregard for the safety or soundness of the subject institution or business institution. (Added by Stats. 2002, Ch. 734, Sec. 30. Effective September 20, 2002.)

Last verified: January 11, 2026

Key Terms

commissionersubject personsubject institutionviolationunsafe or unsound actbreach of fiduciary dutyfinancial lossdishonestywillful or continuing disregard

Related Statutes

  • § 14304 Cease And Desist Orders
  • § 14305 Emergency Cease And Desist
  • § 14310 Emergency Suspension Authority
  • § 14319 Emergency Commissioner Actions
  • § 14307 Incomplete Financial Records Order

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 14308.
View Official Source