Chapter 6Transaction of Business
Section § 31400
Licensees must conduct their business operations in a way that is secure and stable. They should also keep their business in good, safe condition. Additionally, they are prohibited from engaging in any actions that are considered unsafe or unstable.
Section § 31401
This law states that licensees are only allowed to engage in specific types of business activities. They can offer financial and management help to business firms or operate as state development, local development, or small business investment companies. These activities must follow the rules of the Small Business Investment Act of 1958 and the Small Business Administration regulations.
Section § 31402
This law requires licensed companies to make their best effort to help businesses in California get financial and management support. They should work with the Small Business Administration (SBA) to offer financing under the SBA's programs, including specific loan sections of the Small Business Act and the Small Business Investment Act of 1958. The goal is to assist local businesses with necessary financing and management guidance.
Section § 31403
This law states that licensees, such as financial service providers, can only offer financing or management help to business firms based in California. However, there are exceptions. If they already help a California-based business, they can also help that business outside California. Moreover, if the business is a franchisor or franchisee in California, the licensee can provide assistance to their franchise partners in other states.
Section § 31404
Basically, if you're licensed under this particular regulation, you can't offer financial or management help for activities happening outside of California. There might be exceptions noted in another section, but that's the general rule here.
Section § 31405
This law specifies that unless exceptions in another section apply, a licensee (like a financial institution) cannot give financial or management help to a business that mainly focuses on offering financial or management help to others.
Also, a licensee isn't allowed to finance a business for the purpose of helping that business finance others or to pay off any debts incurred to do so.
Section § 31406
This law states that licensees can't take control of a business unless specific conditions are met. A licensee can take control to protect its financial interests if it has loaned money to or invested in a business, but it must sell off that control within three years unless extended by the commissioner. Licensees can also control certain other corporations with the commissioner's prior approval, like those licensed as small business investment companies, personal property brokers, or local development companies under specific acts.
Section § 31408
This law states that a licensee, which is a person or company with a certain license, cannot promise to pay or back the debt of someone else unless they have gotten approval from the commissioner first. However, if the licensee sells a debt obligation—essentially, a promise to pay money that they own—to someone else, they are allowed to assure the payment of that debt without needing prior approval.
Section § 31409
This law says that a licensed person or company can't offer to use their property as a guarantee for someone else's debt, unless they first get permission from the commissioner. In simple terms, you need approval before you promise your property as a backup for someone else's obligation.
Section § 31410
This law allows certain lenders or financial entities, referred to as licensees, to charge interest rates without being restricted by the usual state constitutional limits. It basically creates an exception for them when it comes to the rates they can apply to loans or agreements to delay payments. This rule applies to both past and future loans or agreements.