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General Guidance in Reading the Financial Code

The Financial Code contains 37 Divisions and numerous parts

By Chris Micheli, June 18, 2022 8:00 am

California’s statutes are contained in 29 separate codes. The tenth alphabetically is the Financial Code. All 29 Codes have general provisions applicable to reading and interpreting that Code’s sections. The following are selected general provisions of the Financial Code:

Section 1 – This Act is known and may be cited as the Financial Code.

Section 2 – The provisions of this Code, as they are substantially the same as existing statutory provisions relating to the same subject matter, are to be construed as restatements and continuations, and not as new enactments.

Section 4 – Unless the context otherwise requires, the general provisions set forth govern the construction of this Code.

Section 5 – Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this Code.

Section 6 – Whenever a power is granted to, or a duty imposed on any person or board by any provision of this Code, it may be exercised or performed by any deputy or person authorized by the person or board to whom the power is granted or on whom the duty is imposed, unless it is expressly provided that the power or duty must be exercised or performed only by the person or board to whom the power is granted or on whom the duty is imposed.

Section 7 – Whenever any reference is made to any portion of this Code or of any other law, the reference applies to all amendments and additions made.

Section 8 – The term “writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, petition, permit, statement, or record is required by this Code, it is to be made in writing in the English language.

Section 9 – The term “section” means a section of this Code, unless some other statute is specifically mentioned, and “subdivision” means a subdivision of the section in which the term occurs unless some other section is expressly mentioned.

Section 10 – The present tense includes the past and future tenses; and the future tense includes the present tense.

Section 11 – The masculine gender includes the feminine and neuter.

Section 11.2 – The term “spouse” includes “registered domestic partner.”

Section 12 – The singular number includes the plural and the plural the singular.

Section 13 – The term “city” includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town.

Section 15 – The term “shall” is mandatory and “may” is permissive.

Section 16 – “Oath” includes affirmation.

Section 18 – The term “person” includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind.

Section 19 – If any provision of this Code, or its application to any person or circumstance, is held invalid, the remainder of the Code, or the application of the provision to other persons or circumstances, is not affected.

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