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California's new laws for financial institutes

When the Californian legislature came to an end, Governor Jerry Brown undersigned several draft laws that will affect them. California's banks should be preparing for several changes thanks to several laws passed by the state legislature and recently endorsed by the governor. The Senate Bill 777 optimized the California Finance Lenders Act (CFLL) to simulate a previous de minimis waiver.

In 2014, the previous Indemnity was modified to grant an indemnity under the CFLL to individuals granting five or less industrial credits within 12 months if the credits for the operations of the individual based on the Indemnity are 'accidental'. Despite the intention to liberalise the indemnity by raising the number of loans from one to five, the'accidental' text caused insecurity with regard to a SPV granting a sole credit that was subject to the previous indemnity.

In order to meet this need, SB 777 maintained the present waiver for five or fewer loans when'linked to the personal business' and re-established the waiver for a particular individual corporate credit within 12 months without the'random' Qualifier. At present, however, the individual credit waiver is extended until 1 January 2022.

In a third legal act, a new regulation was introduced for the study credit business. The Assembly Bill 2251, the Students' Loan Service Act, stipulates that students in the state - and those who are elsewhere and serve students' loans granted to California citizens - must obtain a licence from the DBO, meet new regulations, and cease forbidden activity as of July 1, 2018.

Under the new Act, state and state-chartered commercial banking organizations, trusts, industry finance corporations, saving societies, cooperative societies, saving societies, cooperative societies, and publicly or privately owned post-secondary education establishments serving a student loan granted by it are exempt. According to the Act, businesses must make available to users on a website free of cost information or link to information on available repayments and arrears, ask the user how an excess payment should be used, and in the case of a service being transferred, make a notification in writing with required information.

Lastly, although there is no amendment to the law, a new DBO decree should be notified to banks to amend the CFLL and CRMLA executive decrees so as to exclude the application of a licence waiver to subsidiary companies and affiliated undertakings of exempted banks solely by reason of the type of merger.

Earlier Commissioners' statements adopted an extensive read of the Statute, which provided for an indemnity for subsidiary companies of exempted banks. In order to remove the exemptions for subsidiary companies and associated companies granting and/or arranging credit to consumers (commercial credit is not affected by the amendment), the DBO adopted the new Ordinance, which entered into force on 28 September.

Banks with a California footprint and businesses doing legacy finance operations such as corporate loans should take a good look at the new legislation and rules to make sure they comply with evolving needs.

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