2005 California Financial Code Sections 33100-33102 CHAPTER 2. EXEMPTIONS

FINANCIAL CODE
SECTION 33100-33102

33100.  The following persons and transactions are exempted from
this division:
   (a) (1) Any insured bank, when selling any payment instrument
issued by it.
   (2) Any bank organized under the laws of a nation other than the
United States which is licensed under Article 3 (commencing with
Section 1750) of Chapter 13.5 of Division 1 or which is authorized
under federal law to maintain a federal agency or federal branch in
this state, when selling any foreign currency payment instrument
which is issued by such bank and which is not designated on its face
by the term "money order" or "travelers check" or by any
substantially similar term.
   (3) Any insured savings and loan association, when selling any
payment instrument issued by it.
   (4) Any federal or state-licensed credit union, when selling any
payment instrument issued by it.
   (5) Any person licensed under Chapter 14 (commencing with Section
1800) of Division 1, when selling any check or draft which is drawn
by the person and which is of the type described in paragraph (3) of
subdivision (a) of Section 1800.5.
   (6) Any person licensed as a check seller under Division 3
(commencing with Section 12000), when selling any payment instrument
issued by it.
   (7) The United States or any agency of the United States,
including the United States Postal Service, any Federal Reserve bank,
and any federal home loan bank, when selling any payment instrument
issued by it.
   (b) Any California agent of any person referred to in subdivision
(a) when selling any payment instrument which is issued by such
person and which such person is permitted to sell under the paragraph
of subdivision (a) applicable to such person.
33101.  Any national banking association, federal savings and loan
association, or federal or state-licensed credit union is exempted
from all the provisions of this division, except the following
provisions:
   (a) The provisions of Section 34114.
   (b) The provisions of Section 34115.
   (c) The provisions of Section 34101; provided, however, that the
provisions of Section 34101 shall apply only in the case of a failure
to honor any liability imposed under the provisions of Sections
34114 and 34115; provided, further, that the provisions of Section
34101 relating to the appointment of a receiver or conservator shall
not apply in any case.
33102.  The commissioner may, by regulation or order, either
unconditionally or upon specified terms and conditions or for
specified periods, exempt from this division any person or
transaction or class of persons or transactions, if the commissioner
finds such action to be in the public interest and that the
regulation of such persons or transactions is not necessary for the
purposes of this division.


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