1406. (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.
(Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)
Structure California Code