2012 State Chaptered Legislation

Information on Central Locations for Service of Legal Process

*The information below should not be considered legal advice. All financial institutions subject to AB 2364 should confer with their legal counsel regarding it.

Introduction

AB 2364 (Wagner) was signed into law by Governor Edmund G. Brown Jr. and became law on January 1, 2013. Included in the law is new Code of Civil Procedure Section 684.115 which requires financial institutions with more than 9 branches or offices and allows financial institutions with 9 or fewer branches or offices to file with the Department of Business Oversight (DBO) one or more central locations within California that are designated for service of legal process. This law applies to financial institutions, including state or national banks, state or federal savings and loan associations, credit unions, or like organizations, and corporations engaged in safe deposit businesses. “Legal Process” refers to each and all of the writs, notices, orders, or other papers required or permitted to be served pursuant to Title 9, including adverse claims as to deposits and safe deposit boxes.

 

For Persons Serving Legal Process on a Financial Institution

The DBO has no authority to provide advice or guidance about serving process on a financial institution and has no information other than the central location information on this page and on the Central Locations for Service of Legal Process webpage.  

Finding a Financial Institution’s Designated Location(s) for Service of Legal Process

Code of Civil Procedure Section 684.115 provides the DBO a period of ten (10) business days to post online the designated location information after it is received. Filings of designated locations for service of legal process can be found on the DBO’s Central Locations for Service of Legal Process webpage.

Agent for Service of Process – California Secretary of State
If you are looking for information regarding the designation of an agent for service of process, then you may wish to visit the California Secretary of State’s website.

 

For Financial Institutions

What to File with the DBO

Financial institutions with more than nine California branches or offices are required to designate one or more central locations within California for service of legal process. Failure to designate a central location for service of legal process will result in all the institutions’ branches or offices in California being deemed as central locations for service of legal process.

Financial institutions with nine or fewer California branches or offices have the option to designate one or more central locations within California for service of legal process.

How to File with the DBO

The DBO developed an electronic form for collecting the designated location information to publish on its website. If you would like to designate a central location for your financial institution or to change the location, please send an email to licensing@dbo.ca.gov. You will receive an email with a link to the electronic form where you can input the designated location information.

If a financial institution elects to designate a central location for service of legal process, the electronic form will request the following information:

  • Institution Name
  • Institution ID Number (DBO, FDIC, NCUA, or other)
  • Contact information of person filing the information on behalf of the institution.
  • Physical address of the central location(s)
  • Days and Hours during which service will be accepted at the central location(s).
  • Information sufficient to identify the branches or offices as to which service at the central location(s) will not apply and the nature of the limitations applicable to those branches and offices.  See Code of Civil Procedure Section 684.115 for additional information.

How to Modify Filed Information
Financial institutions can modify previously filed designated location information for service of legal process by notifying the DBO of their need to make a change and requesting access to the electronic form. To modify filed information, contact licensing@dbo.ca.gov.