Section 10.3162 - Information Regarding Proposed Controlling Persons and Proposed 25 Percent (Including Consociates) Equity Security Owners(a) In this Section, "subject person," when used with respect to a subject institution, means: (1) Any person who is proposed to control the subject institution (including, in case any such person consists of a group of persons acting in concert, each person who is a member of such group); or(2) Any person (other than a proposed director, proposed officer, or proposed controlling person of the subject institution) who is proposed to be a 25 percent (including consociates) equity security owner of the subject institution.(b)(1) State whether or not it is proposed that any person control the subject institution, and, if so, provide a table showing, with respect to each such proposed controlling person:(B) Type of person (that is, individual, corporation, etc.).(C) In case the proposed controlling person is an individual, the title of any position which the proposed controlling person is proposed to have with the subject institution.(2) State whether or not it is proposed that any person (other than a proposed director, proposed officer, or proposed controlling person of the subject institution) be a 25 percent (including consociates) equity security owner of the subject institution, and, if so, provide a table showing, with respect to each such proposed 25 percent (including consociates) equity security owner: (B) Type of person (that is, individual, corporation, etc.).(C) Amount of share of the subject institution for which the proposed 25 percent (including consociates) equity security owner and his consociates intend to subscribe.(c) With respect to each subject person named in any table called for in Subdivision (b) of this Section who is an individual and who is neither a proposed director nor a proposed officer of the subject institution: (1) State: (E) Business or occupation.(F) Amount of shares of the subject institution for which the subject person and his consociates intend to subscribe.(2) Provide a personal financial statement in the form of Department Form 2 (see § 95.2), containing the information called for therein, dated as of a date within 90 days before the filing of the application, and signed by the subject person.(3) Provide a confidential resume in the form of Department Form 3 (see § 95.3), containing the information called for therein, dated as of a date within 90 days before the filing of the application, and signed by the subject person.(4) Provide a statement dated as of a date within 90 days before the filing of the application and signed by the subject person, stating:(A) Amount of shares of the subject institution for which the subject person intends to subscribe, the source of funds with which he intends to pay for such subscription, and, if any of such funds are to be borrowed, the amount to be borrowed and the source of funds with which he intends to repay such amount.(B) Whether or not, to the knowledge or information and belief of the subject person, any consociate of the subject person intends to subscribe for shares of the subject institution and, if so, the name, business address, home address, and business or occupation of the consociate, the amount of shares of the subject institution for which the consociate intends to subscribe, the source of funds with which he intends to pay for such subscription, and, if any of such funds are to be borrowed, the amount to be borrowed and the source of funds with which he intends to repay such amount.(C) Commercial banking, trust, other financial, and other business experience of the subject person, including, with respect to each position held, title, description of duties, name and address of employer, period of employment, and reason for leaving.(D) Whether or not the subject person has had in the past or has presently any relationship with any bank as director, officer, employee, adviser, 15 percent equity security owner, or in any other capacity (other than solely as a customer), and, if so, the name of the bank and a description of the relationship, and, in the case of any present relationship, whether the proposed controlling person intends to continue, change, or terminate such relationship if and when the subject institution commences business.(E) Whether or not the subject person intends to participate in the management or operation of the subject institution, and, if so, a description of such participation.(d) With respect to each subject person named in any table called for in Subdivision (b) of this Section which is a corporation: (1) State: (B) Address of principal office.(C) Description of business.(D) Amount of shares of the subject institution for which the subject person intends to subscribe.(2) Provide a table showing, with respect to each director, executive officer, and 25 percent (including consociates) equity security owner of the subject person: (B) Relationship to the subject person.(3) Provide a table showing, with respect to each affiliate of the subject person: (B) Description of business.(C) Relationship to the subject person.(4) Provide the following financial statements of the subject person: (A) Balance sheet as of a date within 120 days before the filing of the application.(B) If the balance sheet called for in Subparagraph (A) of this Paragraph (4) is not as of the end of a fiscal year of the subject person, a balance sheet as of the end of the fiscal year of the subject person next preceding the date of such balance sheet.(C) Statement of income and statement of shareholders' equity for each of the two fiscal years of the subject person next preceding the date of the balance sheet called for in Subparagraph (A) of this Paragraph (4) and, if such balance sheet is not of as of the end of a fiscal year of the subject person, a statement of income and a statement of shareholders' equity for the interim period from the date of the balance sheet called for in Subparagraph (B) of this Paragraph (4) to the date of the balance sheet called for in Subparagraph (A) of this Paragraph (4).(5) Provide a copy of each of the last two annual reports of the subject person to its shareholders and a copy of any interim report of the subject person to its shareholders issued since the last annual report(6) In case the subject person is required to file reports pursuant to Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m), provide a copy of each of the last two such annual reports of the subject person and a copy of each quarterly or current report of the subject person filed since the last annual report.(7) Provide a statement dated as of a date within 90 days before the filing of the application and signed by an officer of the subject person, stating: (A) Amount of shares of the subject institution for which the subject person intends to subscribe, and, if any of such funds are to be borrowed, the amount to be borrowed and the source of funds with which it intends to repay such amount.(B) Whether or not, to the knowledge or information and belief of the subject person, any person referred to in Paragraph (2) or (3) of this Subdivision (d) intends to subscribe for shares of the subject institution and, if so, the name of such person, the amount of shares of the subject institution for which the person intends to subscribe, the source of funds with which he intends to pay for such subscription, and, if any of such funds are to be borrowed, the amount to be borrowed and the source of funds with which he intends to repay such amount.(C) Whether or not the subject person has had in the past or has presently any relationship with any bank as adviser, 15 percent equity security owner, or in any other capacity (other than solely as a customer), and, if so, the name of the bank and a description of the relationship, and, in the case of any present relationship, whether the subject person intends to continue, change, or terminate such relationship if and when the subject institution commences business.(D) Whether or not the subject person intends to participate in the management or operation of the subject institution, and, if so, a description of such participation.(e) With respect to any subject person named in any table called for in Subdivision (b) of this Section which is neither an individual nor a corporation, provide information comparable to the information called for in Subdivision (d) of this Section.(f) There is hereby exempted from the provisions of Financial Code Section 1251 as not being comprehended within the purposes of Chapter 7 (commencing with Section 1250), of the Banking Law and the regulation of which is not necessary or appropriate in the public interest or for the protection of subject institutions, controlling persons of subject institutions, or the depositors, creditors, or shareholders of subject institutions or of controlling persons of subject institutions, the acquisition of control of a subject institution in accordance with the application for authority to organize such subject institution, as approved by the Commissioner.Cal. Code Regs. Tit. 10, § 10.3162
1. Amendment of section heading and subsections (a)(2), (b)(2), (b)(2)(C), (c)(2), (c)(3), (c)(4)(D), (d)(4)(C), (d)(5), (d)(6), (d)(7)(A) and (d)(7)(C) and new NOTE filed 4-7-97; operative 4-7-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
2. Change without regulatory effect amending section filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).
3. Amendment of subsection (d)(2) filed 4-14-98; operative 5-14-98 (Register 98, No. 16).
4. Change without regulatory effect amending subsection (f) and NOTE filed 8-21-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 34). Note: Authority cited: Section 326, Financial Code. Reference: Section 1020, Financial Code.
1. Amendment of section heading and subsections (a)(2), (b)(2), (b)(2)(C), (c)(2), (c)(3), (c)(4)(D), (d)(4)(C), (d)(5), (d)(6), (d)(7)(A) and (d)(7)(C) and new Note filed 4-7-97; operative 4-7-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
2. Change without regulatory effect amending section filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).
3. Amendment of subsection (d)(2) filed 4-14-98; operative 5-14-98 (Register 98, No. 16).
4. Change without regulatory effect amending subsection (f) and Note filed 8-21-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 34).