§ 1406
149 words·~1 min read·
/ca/financial-code/1406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In this section:
(1)“Creditor” includes, but is not limited to, a depositor.
(2)“Insolvency,” when used with respect to a bank, means that the bank is unable to pay its debts as they come due.
(b)This section does not apply to any of the following:
(1)Any transaction authorized under Section 1463 or 1465.
(2)Any transaction made by a bank in the ordinary course of its business.
(c)No bank may pay or secure a creditor if the bank does so
(1)after committing an act of insolvency or in contemplation of insolvency and
(2)with a view to preventing the application of its assets in the manner prescribed in Chapter 7 (commencing with Section 600) of Division 1 or with a view to the preference of one creditor to another.
(d)Any transaction made by a bank in violation of this section is void.