Section § 31400

Explanation

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.

(a)CA Financial Code § 31400(a) Each licensee shall transact its business in a safe and sound manner and shall maintain itself in a safe and sound condition.
(b)CA Financial Code § 31400(b) No licensee shall commit any unsafe or unsound act.

Section § 31401

Explanation

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.

No licensee shall engage in any business other than one or more of the following:
(a)CA Financial Code § 31401(a) The business of providing financing assistance and management assistance to business firms.
(b)CA Financial Code § 31401(b) The business of a state development company in accordance with all applicable provisions of the Small Business Investment Act of 1958 and of the regulations of the Small Business Administration.
(c)CA Financial Code § 31401(c) The business of a local development company in accordance with all applicable provisions of the Small Business Investment Act of 1958 and of the regulations of the Small Business Administration.
(d)CA Financial Code § 31401(d) The business of a small business investment company in accordance with all applicable provisions of the Small Business Investment Act of 1958 and of the regulations of the Small Business Administration.

Section § 31402

Explanation

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.

Each licensee shall use its best efforts:
(a)CA Financial Code § 31402(a) To provide financing assistance to business firms in this state in cooperation with the Small Business Administration pursuant to Section 7(a) of the Small Business Act;
(b)CA Financial Code § 31402(b) To obtain loans from the Small Business Administration pursuant to Sections 501 and 502 of the Small Business Investment Act of 1958; and
(c)CA Financial Code § 31402(c) Otherwise to cooperate with, and meet the requirements of, the Small Business Administration for the purpose of providing financing assistance and management assistance to business firms in this state.

Section § 31403

Explanation

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.

(a)CA Financial Code § 31403(a) Except as provided in subdivision (b), no licensee shall provide financing assistance or management assistance to any person other than a business firm in this state.
(b)Copy CA Financial Code § 31403(b)
(1)Copy CA Financial Code § 31403(b)(1) If a licensee provides financing assistance to a business firm in this state, the licensee may also provide financing assistance and management assistance to the business firm with respect to business transacted in any other state of the United States or the District of Columbia.
(2)CA Financial Code § 31403(b)(2) If a licensee provides financing assistance to a business firm in this state which is a franchisor, the licensee may also provide financing assistance and management assistance to any business firm in another state which is a franchisee of the franchisor.
(3)CA Financial Code § 31403(b)(3) If a licensee provides financing assistance to a business firm in this state which is a franchisee of a franchisor, the licensee may also provide financing assistance and management assistance to any business firm in another state which is a franchisee of the franchisor.

Section § 31404

Explanation

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.

Except as otherwise provided in subdivision (b) of Section 31403, no licensee shall provide financing assistance or management assistance for use outside this state.

Section § 31405

Explanation

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.

Except as otherwise provided in subdivisions (b), (c), and (d) of Section 31406:
(a)CA Financial Code § 31405(a) No licensee shall provide financing assistance or management assistance to any business firm the primary business of which is to provide financing assistance or management assistance.
(b)CA Financial Code § 31405(b) No licensee shall provide financing assistance to any business firm for the purpose of providing financing assistance to other persons or discharging, in whole or in part, any obligation incurred for such purpose.

Section § 31406

Explanation

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.

No licensee shall, either by itself or in concert with any of its directors, officers, principal shareholders, or affiliates, any other licensee, or any of the directors, officers, principal shareholders, or affiliates of any other licensee, acquire or hold control of any business firm, except as follows:
(a)CA Financial Code § 31406(a) Any licensee which has provided financing assistance to a business firm may, if and to the extent necessary to protect its interests as a creditor of, or investor in, such business firm, acquire and hold control of such business firm; provided, however, that such licensee shall divest itself of such control as soon as practicable and in any event within three years after acquiring such control or such longer period as the commissioner may approve.
(b)CA Financial Code § 31406(b) Any licensee may, with the prior approval of the commissioner, acquire and hold control of a corporation which is licensed as a small business investment company under the Small Business Investment Act of 1958.
(c)CA Financial Code § 31406(c) Any licensee may, with the prior approval of the commissioner, acquire and hold control of a corporation which is licensed as a personal property broker under Division 9 (commencing with Section 22000).
(d)CA Financial Code § 31406(d) Any licensee may, with the prior approval of the commissioner, acquire and hold control of a corporation which transacts business as a local development company in accordance with all applicable provisions of the Small Business Investment Act of 1958 and of the regulations of the Small Business Administration.

Section § 31408

Explanation

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.

No licensee shall, except with the prior approval of the commissioner, guarantee the debt of any other person or otherwise lend its credit to any other person; provided, however, that, whenever a licensee sells to another person an obligation to pay money, which obligation is owned by such licensee, such licensee may guarantee the payment of such obligation.

Section § 31409

Explanation

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.

No licensee shall, except with the prior approval of the commissioner, provide a lien or security interest in any of its property for the purpose of securing an obligation of, or an obligation incurred for the benefit of, any other person.

Section § 31410

Explanation

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.

This section creates and authorizes an exempt class of persons pursuant to Section 1 of Article XV of the State Constitution. The restrictions upon rates of interest contained in Section 1 of Article XV of the State Constitution shall not apply to any loans made by, or forbearances of, any licensee. This section shall apply retroactively to any such loans or forbearances.