California Code of Regulations
Title 10 - Investment
Chapter 2 - Savings and Loan Commissioner
Subchapter 3 - Applications and Hearings
Article 1 - Applications and Hearings: New Facilities, Branches, Changes of Location, Agencies, Conversions from a Federal to State Association, Changes of Name and Amendments of Articles of Incorporation
Section 103.105 - Change of Location

Universal Citation: 10 CA Code of Regs 103.105

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) General. An application for a change of location of an existing facility shall have no priority of decision, or area or time preemption.

An application for a change of location of an existing facility may be accepted where both the old and new locations are within the same area of preemption of a facility. An application for a change of location of an existing facility will not ordinarily be accepted if the old location is outside of and the new location is within the area of preemption of a facility.

(b) Within Three Years. An application for change of location of an existing principal office or branch will not ordinarily be approved if the application is filed within three years of the opening of the office proposed to be changed; however, the foregoing limitation is not applicable to an initial change from a temporary to a permanent location, nor to a change of location of an approved branch which has not yet been opened.

(1) For the purposes of this subsection, the "existing area" of a facility shall be a circle with a radius of one mile measured by a straight line from the existing location of a facility if the facility is located within an SMSA, and a circle with a radius of two miles measured by a straight line from the existing location of a facility if the facility is located outside of an SMSA.

(2) A change of location of a facility to a location outside its existing area will not be approved without a satisfactory showing that the adequacy of service in the existing area will not be significantly affected by the loss of the facility.

(3) An application for a change of location of a facility to a location outside its existing area shall contain a Neighborhood Impact Statement which shall describe:

(A) The characteristics of the facility's existing area;

(B) The geographical sources of the facility's deposits in the existing area and the geographical distribution of mortgage loans in the existing area during the last three years;

(4) The Neighborhood Impact Statement shall be available for public inspection and copying at cost (the charge of which shall not exceed the cost to the association) during regular business hours at such facility.

(5) An application for a change of location of a facility to a location outside its existing area shall describe how the association's affirmative loan marketing policies and programs and its Community Reinvestment Act Statements would be changed or affected if the change of location is approved.

(6) A public hearing may be held for a change of location of a facility to a location outside its existing area.

1. Change without regulatory effect renumbering former Section 145.5 to Section 103.105 (Register 87, No. 14). For prior history, see Register 82, No. 16.

Note: Authority cited: Section 5255, Financial Code. Reference: Sections 5700- 5702, Financial Code.

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