Legal Opinion

Reiswig v. Department of Corporations

California Court of Appeal

Decided October 27, 2006No. G036509PublishedCited by 5 opinions

1Opinion of the Court

Opinion

FYBEL, J.

Introduction

This case presents a single issue: Whether the investment offered by Fidelity Insured Deposits, Inc. (Fidelity), constitutes a security under California law, subject to the regulatory jurisdiction of the California Department of Corporations (DOC). We conclude the investment was not a security and affirm.

Fidelity offered prospective investors yields on certificates of deposit (CD’s) greater than was available at any bank. Prospective customers were required to make an appointment and personally meet with a Fidelity sales agent. The sales agent would inform the…

2Cases cited22 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
  3. Tcherepnin v. KnightSupreme Court of the United States · 1967
  4. Marine Bank v. WeaverSupreme Court of the United States · 1982
  5. Securities & Exchange Commission v. EdwardsSupreme Court of the United States · 2004

17 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Williams v. Sato (In re Sato)United States Bankruptcy Court, C.D. California · 2014
  2. People v. BlackCalifornia Court of Appeal · 2017
  3. CONSOLIDATED MANAGEMENT GROUP v. Department of CorporationsCalifornia Court of Appeal · 2008
  4. People v. ButlerCalifornia Court of Appeal · 2012
  5. Fuller v. BaeUnited States Bankruptcy Court, N.D. California · 2022

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