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Current as of January 01, 2023 | Updated by FindLaw Staff
If the commissioner finds all of the following with respect to an application for approval of a sale, the commissioner shall approve the application:
(a) That the shareholders' equity of the purchaser will be adequate and that the financial condition of the purchaser will be satisfactory.
(b) That the directors and executive officers of the purchaser will be satisfactory.
(c) That the purchaser will afford reasonable promise of successful operation and that it is reasonable to believe that the purchaser will operate in a safe and sound manner and in compliance with all applicable laws.
(d) That the sale will be fair, just, and equitable. For purposes of this subdivision, in the case of any term of the sale that has been determined by agreement between the seller and the purchaser in an arm's-length transaction, the commissioner shall find that the term is fair, just, and equitable to the seller and the purchaser.
(e) That the sale will not have a seriously adverse effect on the safety or soundness of the seller.
If the commissioner finds otherwise, the commissioner shall deny the application for approval of the sale.
Cite this article: FindLaw.com - California Code, Financial Code - FIN § 4878.04 - last updated January 01, 2023 | https://codes.findlaw.com/ca/financial-code/fin-sect-4878-04/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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