This law section states that the commissioner is responsible for overseeing and implementing the rules and regulations within this part of the financial division.
The commissioner shall administer the provisions of this division.
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(Amended by Stats. 1996, Ch. 1064, Sec. 628. Effective January 1, 1997. Operative July 1, 1997.)
The commissioner has the authority to issue regulations and orders to execute the goals of this division effectively. These regulations can define terms, including vague ones like "unsafe or unsound act," and may re-define other terms not used in the division. The commissioner can also classify individuals and transactions into different categories to issue specific regulations or orders for each class. Additionally, if it's believed that any part of a regulation isn't needed for public interest, the commissioner can waive it.
(a)CA Financial Code § 31101(a) The commissioner may from time to time issue such regulations and orders as are in his or her opinion necessary to carry out the provisions and purposes of this division.
(b)CA Financial Code § 31101(b) Regulations and orders issued under this division may, among other things, define any term used in this division, including (but not limited to) the term “unsafe or unsound act”, as well as any term not used in this division.
(c)CA Financial Code § 31101(c) For
purposes of regulations and orders issued under this division, the commissioner may classify persons, transactions, and other matters within his or her jurisdiction, and may prescribe different regulations or orders for different classes.
(d)CA Financial Code § 31101(d) The commissioner may waive any provision of any regulation or order issued under this division in any case where in his or her opinion such provision is not necessary in the public interest.
commissioner authority regulations issuance order issuance term definition unsafe or unsound act classification of persons classification of transactions different regulations waiver of provisions public interest waiver jurisdiction classification regulatory flexibility
(Amended by Stats. 1996, Ch. 1064, Sec. 629. Effective January 1, 1997. Operative July 1, 1997.)
This law allows the commissioner to set conditions on orders or licenses they issue to ensure they meet the rules and goals of the governing division. It's about the commissioner's discretion to make sure everything complies with the law.
Whenever the commissioner issues an order or license under this division, he or she may impose such conditions as are in his or her opinion necessary to carry out the provisions and purposes of this division.
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(Amended by Stats. 1996, Ch. 1064, Sec. 630. Effective January 1, 1997. Operative July 1, 1997.)
Any final decision or official action taken by the commissioner can be reviewed by a court. This means you have the right to have a court look over the commissioner's actions if you believe there's been an error.
Every final order, decision, license, or other official act of the commissioner under this division is subject to judicial review in accordance with law.
judicial review commissioner decisions official acts court review final order review license review decision error legal oversight administrative decision appeal commissioner authority judiciary intervention license decisions administrative orders legal compliance commissioner actions
(Amended by Stats. 1996, Ch. 1064, Sec. 631. Effective January 1, 1997. Operative July 1, 1997.)
In any case related to this section, the person applying for something has to prove why it should be approved. If someone claims they are exempt or have an exception from a certain rule, they must prove why that applies to them.
In any proceeding under this division:
(a)CA Financial Code § 31104(a) The burden of proving that an application should be approved is upon the applicant.
(b)CA Financial Code § 31104(b) The burden of proving an exemption or an exception from a definition is upon the person claiming such exemption or such exception from a definition.
burden of proof application approval exemption claim exception claim applicant responsibility rule exemption definition exception legal proceeding proof requirements responsibility of proof
(Added by Stats. 1977, Ch. 1164.)
This law states that nothing in this section of the law should be interpreted as automatically requiring the commissioner to hold a hearing on an issue.
No provision of this division shall be construed to require by implication that the commissioner hold a hearing on any matter.
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(Amended by Stats. 1996, Ch. 1064, Sec. 632. Effective January 1, 1997. Operative July 1, 1997.)
This law means that the commissioner does not have to provide written explanations or findings on any decisions they make under this section, unless specifically required by another law.
No provision of this division shall be construed to require by implication that the commissioner make written findings on any matter.
commissioner authority written findings decision explanations requirement exemption regulatory decisions administrative authority reporting obligations interpretation of provision exception to documentation requirements administrative discretion
(Amended by Stats. 1996, Ch. 1064, Sec. 633. Effective January 1, 1997. Operative July 1, 1997.)
This section says that when you submit an application to the commissioner related to this division, you need to follow the specific format, include the information, sign it as instructed, and possibly verify it in a way that the commissioner specifies.
Any application filed with the commissioner under this division or under any regulation or order issued under this division shall be in such form, shall contain such information, shall be signed in such manner, and shall (if the commissioner so requires by regulation or order) be verified in such manner, as the commissioner may by regulation or order require.
application requirements commissioner regulation verification application format signing instructions information inclusion commissioner order application submission regulation compliance legal application process
(Amended by Stats. 1996, Ch. 1064, Sec. 634. Effective January 1, 1997. Operative July 1, 1997.)
This law section explains that when someone submits an application related to financial matters, the commissioner can look at any plans the applicant proposes, like hiring officers, selling securities, or getting funding. If the commissioner thinks the applicant can follow through with the plans, they can approve the application based on these proposals. However, the approval will come with conditions, requiring the applicant to carry out their plans within a set timeframe.
In determining whether to approve any application filed under this division or under any regulation or order issued under this division, the commissioner may consider proposals made by the applicant, including (but not limited to) proposals to appoint officers, sell securities, or obtain financing; and, if in the opinion of the commissioner it is probable that such applicant will be able to implement any such proposal, the commissioner may make findings on the basis of such proposal; provided, however, that, whenever the commissioner approves an application on
the basis, in whole or in part, of a proposal made by the applicant, the commissioner shall impose upon such approval appropriate conditions requiring that such applicant implement such proposal within such period of time as the commissioner may specify.
application approval financial proposals appointing officers selling securities obtaining financing commissioner's opinion imposing conditions implement proposals time period for implementation applicant's capability conditional approval regulatory compliance financial application process proposal evaluation timely implementation
(Amended by Stats. 1996, Ch. 1064, Sec. 635. Effective January 1, 1997. Operative July 1, 1997.)
This law allows the commissioner to respond to requests from people who want an official explanation about specific rules or decisions made under this law section.
The commissioner may honor applications from interested persons for interpretive opinions regarding any provision of this division or of any regulation or order issued under this division.
interpretive opinions applications from interested persons official explanation requests commissioner authority responding to requests specific rules explanation decisions under division regulation interpretation order interpretation law section clarification
(Amended by Stats. 1996, Ch. 1064, Sec. 636. Effective January 1, 1997. Operative July 1, 1997.)
This law gives the commissioner the authority to conduct investigations, both inside and outside the state, to ensure compliance with financial regulations. The commissioner can hold hearings, issue subpoenas, and require the production of documents deemed relevant. If someone refuses to comply with a subpoena, the superior court can force them to attend and provide evidence, and noncompliance can lead to contempt of court charges.
(a)CA Financial Code § 31110(a) The commissioner may (1) make such public or private investigations within or outside this state as he or she deems necessary to determine whether to approve any application filed with him or her under this division or under any regulation or order issued under this division, to determine whether any person has violated or is about to violate any provision of this division or of any regulation or order issued under this division, to aid in the enforcement of any provision of this division or of any regulation or order issued under this
division, or to aid in the issuing of regulations or orders under this division, and (2) publish information concerning any violation of any provision of this division or of any regulation or order issued under this division.
(b)CA Financial Code § 31110(b) For purposes of any investigation, examination, or other proceeding under this division, the commissioner may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner deems relevant or material to the inquiry.
(c)CA Financial Code § 31110(c) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the superior court, upon application by the commissioner, may issue to such person an order requiring him to appear before the commissioner, there to produce documentary evidence, if so
ordered, or to give evidence touching the matter under investigation or in question. Failure to obey such order of the court may be punished by the court as a contempt.
commissioner investigations financial compliance subpoena authority enforcement power witness subpoenas document production court assistance legal compliance investigations financial regulation enforcement compelling evidence
(Amended by Stats. 1996, Ch. 1064, Sec. 637. Effective January 1, 1997. Operative July 1, 1997.)
This law allows the commissioner to share information about a licensed business with the Small Business Administration or other government agencies that also regulate the business or its related companies.
The commissioner may provide information relating to a licensee to the Small Business Administration or to any governmental agency which licenses or regulates the licensee or any parent or subsidiary of the licensee.
commissioner licensee information Small Business Administration government agency business regulation information sharing subsidiary parent company business license governmental oversight business compliance regulatory agency interagency communication business oversight license regulation
(Amended by Stats. 1996, Ch. 1064, Sec. 638. Effective January 1, 1997. Operative July 1, 1997.)
This law states that even if the commissioner allows certain people, like licensees, their affiliates, or government agencies, to view or copy records related to a licensee, the rules in some sections of the Government Code still apply to those records. So, sharing the records doesn't change the fact that those rules continue to protect or regulate the records.
Notwithstanding the fact that the commissioner permits any licensee, any affiliate of a licensee, or any governmental agency to inspect or make copies of any record relating to a licensee or to any director, officer, employee, or affiliate of a licensee, or that the commissioner provides any record of this type, or a copy thereof, to any person described above, any provision of Section 7922.000 of the Government Code and any provision listed in Section 7920.505 of the Government Code that would, but for that fact, apply to that record, shall continue to apply to the record.
commissioner permissions records inspection licensee records affiliate access governmental agency access record copying Section 7922.000 Section 7920.505 record protection information sharing legal record access data regulation licensee data compliance record confidentiality access continuation
(Amended by Stats. 2021, Ch. 615, Sec. 115. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
This law allows the commissioner to provide evidence of a potential crime, that violates financial regulations, to the district attorney where the offense happened. The district attorney can then decide to start criminal proceedings based on this evidence.
The commissioner may refer such evidence as is available concerning any violation of this division or of any regulation or order issued under this division which constitutes a crime to the district attorney of the county in which such violation occurred, who may, with or without such a reference, institute appropriate criminal proceedings.
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(Amended by Stats. 1996, Ch. 1064, Sec. 640. Effective January 1, 1997. Operative July 1, 1997.)
If you're applying for a license or are a parent or subsidiary of an applicant or licensee, you must give the state's financial commissioner consent to act as your representative for receiving any legal notices related to the license. This applies to judicial or administrative cases, except those that are criminal. This needs to be filed before getting the license or within 30 days of becoming a parent or subsidiary.
Legal notices can be delivered to any of the commissioner's offices, but they'll only be valid if a copy is sent to you by registered mail and proof of this process is filed as compliance.
Before any applicant for a license is issued a license, such applicant and each parent and subsidiary of such applicant shall file, and each person who becomes a parent or subsidiary of a licensee shall, not less than 30 days after becoming a parent or subsidiary of such licensee, file, with the commissioner, in such form as the commissioner may by regulation or order require, an irrevocable consent appointing the commissioner and his or her successor from time to time in office to be such person’s attorney to receive service of any lawful process in any
noncriminal judicial or administrative proceeding against such person, or his or her successor, executor, or administrator, which arises under this division or under any regulation or order issued under this division after such consent has been filed, with the same force and validity as if served personally on such person. Service may be made by leaving a copy of the process at any office of the commissioner, but such service is not effective unless (a) the party making such service, who may be the commissioner, forthwith sends notice of such service and a copy of the process by registered or certified mail to the party served at his or her last address on file with the commissioner, and (b) an affidavit of compliance with this section by the party making service is filed in the case on or before the return date, if any, or within such further time as the court, in the case of a judicial proceeding, or the administrative agency, in the case of an administrative proceeding, allows.
license application irrevocable consent financial commissioner service of process noncriminal proceedings judicial proceeding administrative proceeding parent or subsidiary registered mail affidavit of compliance process service legal notice compliance filing office of the commissioner applicant's attorney
(Amended by Stats. 1996, Ch. 1064, Sec. 641. Effective January 1, 1997. Operative July 1, 1997.)
If someone, even if they're not a resident of California, breaks a rule under this financial division and can't be directly contacted by the state, their actions count as them letting the commissioner be their legal contact. So, any legal or administrative papers about their wrongdoing can go to the commissioner, just like the person received them themselves. For the service to work, a copy should be left at the commissioner's office, and notice must be sent to the person's last known address. Proof of following these steps must be submitted to the court or agency on time.
Whenever any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this division or by any regulation or order issued under this division, whether or not the person has filed a consent to service of process under Section 31113, and if personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person’s appointment of the commissioner and the commissioner’s successor from time to time in office to be the person’s attorney to receive service of
any lawful process in any noncriminal judicial or administrative proceeding against him or her, or his or her successor, executor, or administrator, which grows out of that conduct and which is brought under this division or under any regulation or order issued under this division, with the same force and validity as if served on him or her personally. Service may be made by leaving a copy of the process in any office of the commissioner, but the service is not effective unless (a) the party making the service, who may be the commissioner, forthwith sends notice of the service and a copy of the process by registered or certified mail to the party served at his or her last known address or takes other steps which are reasonably calculated to give actual notice, and (b) an affidavit of compliance with this section by the party making service is filed in the case on or before the return date, if any, or within such further time as the court, in the case of a judicial proceeding, or the administrative agency, in
the case of an administrative proceeding, allows.
nonresident jurisdiction consent to service service of process financial misconduct commissioner's role judicial proceedings administrative proceedings noncriminal proceedings registered mail actual notice affidavit of compliance service validity lawful process equivalent appointment of commissioner conduct prohibited
(Amended by Stats. 1996, Ch. 1064, Sec. 642. Effective January 1, 1997. Operative July 1, 1997.)
This section outlines the different fees associated with actions involving financial licenses in California. When filing an application for a new license, the fee is $2,000. If you're applying to gain control of an existing license or planning a merger or acquisition, the fee is $1,000 per application. Relocating a head office costs $100, while issuing a new license involves a $25 fee. Businesses licensed as of June 1st must pay an annual $2,000 fee by July 1st. If the commissioner examines a licensee, a fee of $75 per hour per examiner, plus travel expenses, applies. Fees must be paid when applications are filed, and they are non-refundable, regardless of application outcome.
(a)CA Financial Code § 31115(a) Fees shall be paid to, and collected by, the commissioner, as follows:
(1)CA Financial Code § 31115(a)(1) The fee for filing with the commissioner an application for a license shall be two thousand dollars ($2,000).
(2)CA Financial Code § 31115(a)(2) The fee for filing with the commissioner an application for approval to acquire control of a licensee shall be one thousand dollars ($1,000).
(3)CA Financial Code § 31115(a)(3) The fee for
filing with the commissioner an application for approval for a licensee to merge with another corporation; an application for approval for a licensee to purchase all or substantially all of the business of another person, or an application for approval for a licensee to sell all or substantially all of its business or of the business of any of its offices to another licensee, shall be one thousand dollars ($1,000). However, whenever two or more applications relating to the same merger, purchase, or sale are filed with the commissioner, the fee for filing each application shall be the quotient determined by dividing one thousand dollars ($1,000) by the number of the applications.
(4)CA Financial Code § 31115(a)(4) The fee for filing with the commissioner an application for approval to relocate the head office of a licensee shall be one hundred dollars ($100).
(5)CA Financial Code § 31115(a)(5) The fee for issuing a license shall be
twenty-five dollars ($25).
(6)CA Financial Code § 31115(a)(6) Each person that is licensed under this division on June 1 of any year shall pay, on or before the following July 1, a fee of two thousand dollars ($2,000).
(7)CA Financial Code § 31115(a)(7) Whenever the commissioner examines any licensee or any affiliate of a licensee, that licensee shall pay, within 10 days after receipt of a statement from the commissioner, a fee of seventy-five dollars ($75) per hour for each examiner engaged in the examination plus, in case it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.
(b)Copy CA Financial Code § 31115(b)
(1)Copy CA Financial Code § 31115(b)(1) Each fee for filing an application with the commissioner shall be paid at the time when the application is filed with the commissioner.
(2)CA Financial Code § 31115(b)(2) No fee for filing an application with the commissioner shall be refundable, regardless of whether the application is approved, denied, withdrawn, or abandoned.
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(Amended by Stats. 1997, Ch. 375, Sec. 16. Effective January 1, 1998.)