Capital Access CompaniesAdministration
Section § 28100
This law mandates that the commissioner is responsible for ensuring the rules in this division are followed and implemented in a way that aligns with the goals stated in Section 28004, all while keeping investor protection in mind.
Section § 28101
This law allows the commissioner to add any conditions they think are needed when they issue an order or license. This is to make sure the goals and rules of the division are followed properly.
Section § 28102
This law says that when you submit an application to the commissioner under this division or any related rule or order, you must do it in a specific way. The commissioner will decide how it should be formatted, what information it needs, how it should be signed, and how it should be verified.
Section § 28103
This law lets the commissioner consider different plans an applicant suggests, like appointing officers, selling securities, or obtaining financing, when deciding whether to approve an application. If the commissioner thinks the applicant can successfully carry out the plan, they might make a decision based on it. However, if the application is approved because of the plan, the commissioner must set conditions to ensure the proposal is actually completed within a certain time frame.
Section § 28104
This law allows the commissioner to conduct investigations both in and outside the state to decide whether to approve applications, check for violations, enforce rules, or assist in making new rules under this division. The commissioner can make any information about violations public. During investigations, the commissioner can also issue subpoenas, demand documents, and call witnesses to testify. If someone refuses to comply with a subpoena, the court can order them to cooperate, and not complying with the court order could lead to punishment for contempt.
Section § 28105
This rule allows the commissioner to share or receive information about a license-holding company and its related parent or subsidiary companies with government agencies.
Section § 28106
This law says that when the commissioner shares or allows access to certain records related to a licensee or its associated people with others like affiliates or government agencies, the existing privacy laws and rules still apply to those records as they did before the sharing. This ensures that handing over or accessing records doesn't change their confidentiality status.
Section § 28107
If there's evidence that someone broke a rule or order under this business regulation law and it's considered a crime, the commissioner can send this evidence to the district attorney of the county where it happened. The district attorney can then decide to start criminal legal action based on this evidence, whether it was referred to them or not.
Section § 28108
If you want a license, you, along with any company connected to you like parents or subsidiaries, must appoint the commissioner to accept legal documents on your behalf. This consent must be filed before or soon after someone becomes a parent or subsidiary. If legal papers are served, they can be delivered to the commissioner's office, but they must also be mailed to you, and proof of this action needs to be officially recorded. This ensures the process is valid and you are properly notified.
Section § 28109
If someone, even if they don't live in California, breaks certain business laws here, they are assumed to have made the state's commissioner their representative to receive legal documents about any case stemming from their actions. This applies if they can't be directly reached in California. Legal papers can be left at the commissioner's office, but the person has to be notified by mail, and the mail sender must officially document this process in court. Basically, the law ensures you can't avoid responsibility just by being out of state.
Section § 28110
This section explains the fees involved when dealing with the commissioner regarding licenses and other related transactions. There are different fees for different applications: up to $2,000 for a new license, and up to $1,000 for acquiring control or merging businesses. If multiple applications for the same merger or purchase are filed, the fee is split equally among them. Additionally, if the commissioner needs to investigate or audit a licensee, that licensee must pay for the associated costs, including staff salaries. These fees must be paid when the application is submitted and are non-refundable, even if the application doesn’t go through. Fees collected are sent to the state’s fund regularly.
Section § 28111
This law states that if a company is licensed as a small business investment company and follows federal regulations under the Small Business Investment Act, it will generally be considered compliant with state regulations too, except for certain chapters. However, if the company violates any federal regulations that are deemed consistent with state rules, this is also considered a violation of state law, and the state commissioner has the authority to enforce these rules.