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2009 California Financial Code - Section 33560-33570 :: Article 3. Eligible Securities
FINANCIAL CODESECTION 33560-33570
33560. In this article: (a) "Eligible security" means any United States currency eligible security or foreign currency eligible security. (b) "Eligible securities rating service" means any securities rating service which the commissioner has by regulation or order declared to be an eligible securities rating service pursuant to Section 33564. (c) "Eligible rating," when used with respect to any security or class of securities and any eligible securities rating service, means any rating assigned to such security or class of securities by such eligible securities rating service which the commissioner has by regulation or order declared to be an eligible rating pursuant to Section 33565. (d) "Foreign currency eligible security" means any of the following which is, or is denominated in, a foreign currency and which the commissioner has not by regulation or order declared to be ineligible pursuant to Section 33562: (1) Any of the following which is of comparable quality to the United States currency eligible securities specified in paragraphs (1) to (7), inclusive, of subdivision (f): (A) Cash. (B) Any deposit in an office of a bank located in a foreign country. (C) Any bond, note, or other obligation. (2) Any other security or class of securities which the commissioner has by regulation or order declared to be eligible securities pursuant to Section 33563. (e) "Reported outstanding payment instrument," when used with respect to a licensee, means any of the following: (1) Any payment instrument issued by the licensee which has been sold directly by the licensee and which has not yet been paid by the licensee. (2) Any payment instrument issued by the licensee which has been sold by an agent of the licensee, which has been reported by such agent to the licensee as having been sold (such report having been received by the licensee), and which has not yet been paid by the licensee. (f) "United States currency eligible security" means any of the following which is, or is denominated in, United States currency and which the commissioner has not by regulation or order declared to be ineligible pursuant to Section 33562: (1) Cash. (2) Any deposit in an insured bank or an insured savings and loan association. (3) Any bond, note, or other obligation which is issued or guaranteed by the United States or by any agency of the United States. (4) Any bond, note, or other obligation which is issued or guaranteed by any state of the United States or by any governmental agency of or within any state of the United States and which is assigned an eligible rating by an eligible securities rating service. (5) Any bankers acceptance which is eligible for discount by a federal reserve bank. (6) Any commercial paper which is assigned an eligible rating by an eligible securities rating service. (7) Any bond, note, or other obligation or preferred stock which is assigned an eligible rating by an eligible securities rating service. (8) Any share of an investment company that is an open-end management company, that is registered under the Investment Company Act of 1940 (12 U.S.C. Sec. 80a-1 et seq.), that holds itself out to investors as a money market fund, and that operates in accordance with all provisions of the Investment Company Act of 1940 and of the regulations of the Securities and Exchange Commission applicable to money market funds, including Section 270.2a-7 of the regulations of the Securities and Exchange Commission (17 C.F.R. Sec. 270.2a-7). For purposes of this paragraph and paragraph (9), "investment company," "management company," and "open-end" have the meanings set forth in Sections 3, 4, and 5, respectively, of the Investment Company Act of 1940 (12 U.S.C. Secs. 80a-3, 80a-4, and 80a-5, respectively). (9) Any share of an investment company that is an open-end management company, that is registered under the Investment Company Act of 1940 (12 U.S.C. Sec. 80a-1 et seq.), and that invests exclusively in securities that constitute United States currency eligible securities under the other provisions of this subdivision. (10) Any account due to any licensee from any agent of such licensee on account of the sale by such agent of reported outstanding payment instruments issued by the licensee, if the account is current and not past due or otherwise doubtful of collection. (11) Any other security or class of securities that the commissioner has by regulation or order declared to be eligible securities pursuant to Section 33563. (g) "Value" means: (1) When used with respect to an eligible security owned by a licensee which consists of an account due to such licensee from an agent of the licensee on account of the sale by such agent of reported outstanding payment instruments issued by the licensee, net carrying value as determined in conformity with generally accepted accounting principles. However, in computing the value of the account due to the licensee, any amount due on account of the sale of a payment instrument shall be excluded if the time elapsed between the sale and the date of computation exceeds the average time that elapses between the time of sale and the time of payment of payment instruments issued by the licensee. (2) When used with respect to any other eligible security owned by a licensee: (A) In case the practice and policy of such licensee is to hold eligible securities to maturity, net carrying value as determined in conformity with generally accepted accounting principles. (B) In any other case, market value. 33561. (a) For purposes of this article, a licensee shall be deemed to own an eligible security only if: (1) The licensee owns the eligible security solely and exclusively in its own right, both of record and beneficially; (2) The eligible security is not subject to any pledge, lien, or security interest; and (3) The licensee can freely negotiate, assign, or otherwise transfer the eligible security. (b) Notwithstanding the provisions of subdivision (a), no licensee shall be deemed not to own an eligible security solely on account of any of the following facts, provided that, but for such fact, such licensee would be deemed to own such eligible security under the provisions of subdivision (a): (1) The fact that the eligible security is owned of record by a documented nominee of the licensee or by a securities depository which is licensed under, or exempt from licensing under, Division 14 (commencing with Section 30000). (2) The fact that the licensee has pledged the eligible security with the United States or any state of the United States to secure payment by the licensee of payment instruments issued by the licensee. 33562. If the commissioner finds that any eligible security or class of eligible securities is not of sufficient liquidity or quality to be eligible securities, the commissioner may by regulation or order declare such security or class of securities to be ineligible. 33563. If the commissioner finds that any security or class of securities which is not an eligible security is of sufficient liquidity and quality to be an eligible security, the commissioner may by regulation or order declare such security or class of securities to be eligible securities. 33564. If the commissioner finds that a securities rating service: (a) Has been continuously engaged in the business of rating securities for a period of not less than three years; (b) Is competent to rate securities and is nationally recognized for rating securities in a competent manner; and (c) Publishes its ratings of securities on a nationwide basis: The commissioner may by regulation or order declare such securities rating service to be an eligible securities rating service. 33565. If the commissioner finds that a rating assigned to a class of securities by an eligible securities rating service indicates that such class of securities is of sufficient quality to be eligible securities, the commissioner may by regulation or order declare such rating to be an eligible rating. 33567. (a) Each licensee shall at all times own United States currency eligible securities having an aggregate value not less than the aggregate face amount of all reported outstanding United States currency payment instruments issued by it. (b) Each licensee shall at all times own eligible securities having an aggregate value not less than the aggregate face amount of all reported outstanding foreign currency payment instruments issued by it. 33568. (a) In computing for purposes of Section 33567 the aggregate value of eligible securities owned by a licensee, all of the following shall be excluded: (1) The value of any eligible security if and to the extent that the value of such eligible security, when combined with the aggregate value of all other eligible securities owned by such licensee which are issued or guaranteed by the same person or by any affiliate of the same person by whom such eligible security is issued or guaranteed, exceeds 10 percent of the aggregate value of all eligible securities owned by the licensee. (2) The portion of the aggregate value of all eligible securities of the type described in paragraph (10) of subdivision (f) of Section 33560 that exceeds 10 percent of the aggregate value of all eligible securities owned by the licensee or any higher percentage, up to a maximum of 20 percent, that the commissioner may approve for the licensee. (b) Subdivision (a) shall not be deemed to require the exclusion of the value of any of the following eligible securities, and each of the following eligible securities shall be exempted from the limitations of subdivision (a): (1) The following United States currency eligible securities: (A) Cash. (B) Any deposit in an insured bank or an insured savings and loan association. (C) Any bond, note, or other obligation for the payment of which the full faith and credit of the United States are pledged. (2) Any eligible security which the commissioner, in view of the financial condition of the obligor or issuer and such other factors as may in the opinion of the commissioner be relevant, finds to be of such quality that exclusion of the value of such eligible security pursuant to subdivision (a) is not necessary for the purposes of this division and which the commissioner by regulation or order exempts from the limitations of subdivision (a). 33569. In computing for purposes of subdivision (b) of Section 33567 the aggregate value of foreign currency eligible securities owned by a licensee, there shall be excluded the value of any foreign currency eligible security if and to the extent that the value of such foreign currency eligible security, when combined with the value of all other foreign currency eligible securities owned by such licensee which are, or are denominated in, the same foreign currency as such foreign currency eligible security, exceed the aggregate face amount of all reported outstanding foreign currency payment instruments issued by the licensee which are denominated in such foreign currency. 33570. In the case of a licensee which is also licensed under Chapter 14A (commencing with Section 1851) of Division 1, the amount of aggregate value of eligible securities which such licensee is required to own under Section 33567 is in addition to the amount of aggregate value of eligible securities which the licensee is required to own under Section 1876.8. Whenever the amount of aggregate value of eligible securities owned by such a licensee is less than the sum of (a) the aggregate value required under Section 33567 and (b) the aggregate value required under Section 1876.8, such licensee shall be deemed to be in violation of Section 33567 and of Section 1876.8.
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