Current through the 2024 Legislative Session.
Section 1406 - Transactions with creditors prohibited(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 2012 ch 243 (SB 664),s 3, eff. 1/1/2012.