Exhibit 4.0 COMMERCIAL CAPITAL BANCORP, INC. COMMON STOCK CERTIFICATE NO. __ _____ SHARES (PAR VALUE, $.001 PER SHARE) SEE REVERSE FOR CERTAIN DEFINITIONS AND LIMITATIONS CUSIP ________________________ THIS CERTIFIES THAT _______________________________, is the registered holder of _ ________________________________________________________________________________ FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK OF COMMERCIAL CAPITAL BANCORP, INC., a corporation organized under the laws of the State of Nevada (the "Corporation"). The shares evidenced by this Certificate are transferable on the books of the Corporation by the holder of record hereof, in person or by a duly authorized attorney or legal representative, upon surrender of this Certificate properly endorsed. This Certificate and the shares represented hereby are subject to all the provisions of the Corporation's Articles of Incorporation and Bylaws and all amendments thereto. The Certificate is not valid unless countersigned by the Transfer Agent and registered by the Registrar. IN WITNESS WHEREOF, the Corporation has caused this Certificate to be executed by the facsimile signatures of its duly authorized officers and has caused its facsimile seal to be affixed hereto. Dated: - ----------------------------------- ---------------------------------------- Richard A. Sanchez, Secretary Stephen H. Gordon, Chairman of the Board The shares represented by this Certificate are subject to limitations and restrictions as set forth in the Articles of Incorporation and Bylaws of Commercial Capital Bancorp, Inc. ("CCBI") as from time to time amended. The Articles of Incorporation are on file in the office of the Secretary of State for the State of Nevada, and the Articles of Incorporation and the Bylaws are on file with the Secretary of CCBI at CCBI's executive offices. The Articles of Incorporation of CCBI authorize CCBI to issue more than one class of stock, including a class of preferred stock, which may be issued in one or more series. The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIFT MIN ACT _____Custodian ______ TEN ENT - as tenants by the entireties (Cust) (Minor) JT TEN - as joint tenants with right of under Uniform Gifts to Minors survivorship and not as tenants Act____________________________________ in common (State) Additional abbreviations may also be used though not in the above list. For value received, __________ hereby sell, assign and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE [______________] ____________________________________________________ Please Print or Typewrite Name and Address including Postal Zip Code of Assignee __________ Shares of the Common Stock represented by the within Certificate, and do hereby irrevocably constitute and appoint _______________________________ Attorney to transfer the said stock on the books of the within-named Corporation with full power of substitution in the premises. Dated: _________________ NOTICE: THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ENLARGEMENT OR ANY CHANGE WHATEVER - ------------------------------------------------- Signature(s) must be guaranteed by a commercial bank or trust company or a member firm of a major stock exchange.