Cal. Code Regs. tit. 10 § 10.3166

Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Section 10.3166 - Information Regarding Pre-Opening Expenditures
(a) State the total amount of pre-opening capital expenditures which have been or are proposed to be incurred, and provide an itemized schedule of such pre-opening capital expenditures.
(b) State the total amount of pre-opening noncapital expenditures which have been or are proposed to be incurred, and provide an itemized schedule of such pre-opening noncapital expenditures.
(c) State whether or not any person to whom any pre-opening expenditures has been or is proposed to be paid is, or is a consociate of, any (1) proposed director, (2) proposed officer, (3) organizer, (4) proposed affiliate, or (5) proposed 15 percent equity security owner of the subject institution, and, if so, identify such person, describe the pre-opening expenditure, and state the amount of the pre-opening expenditure, and, if the transaction involves the purchase or lease of any property which the person acquired within the past two years, state the cost of such property to the person and describe the circumstances under which the person acquired the property.
(d) Describe how pre-opening funds have been or are proposed to be obtained, how such pre-opening funds have been or are proposed to be held and accounted for, and how such pre-opening funds have been or are proposed to be disbursed.
(e) State whether or not any pre-opening funds have been solicited, and, if so, describe the manner in which such pre-opening funds were solicited, and provide a copy of each document used in such solicitation.
(f) State whether or not any pre-opening funds have been accepted, and, if so:
(1) State the total amount accepted.
(2) Provide an itemized schedule of pre-opening funds accepted, showing, with respect to each person from whom pre-opening funds have been accepted:
(A) Name of the person.
(B) Proposed position, if any, of the person with the subject institution.
(C) Aggregate total amount accepted from the person.
(D) Terms under which pre-opening funds have been accepted from the person; and, if the terms are set forth in any document, provide a copy of such document.
(3) State the total amount expended.
(4) Provide an itemized schedule of expenditures of pre-opening funds showing, with respect to each person to whom the aggregate total amount paid is $25,000 or more:
(A) Name of the person.
(B) Aggregate total amount paid to the person.
(C) Description of purpose of payment to the person.
(5) State the total amount accepted but not yet expended, and describe the present disposition of such amount.

Cal. Code Regs. Tit. 10, § 10.3166

1. Repealer of subsection (c), subsection relettering, amendment of newly designated subsections (c) and (f)(4) and new NOTE filed 4-7-97; operative 4-7-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

Note: Authority cited: Section 215, Financial Code. Reference: Section 360, Financial Code.

1. Repealer of subsection (c), subsection relettering, amendment of newly designated subsections (c) and (f)(4) and new Note filed 4-7-97; operative 4-7-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).