Section § 12200

Explanation

If you want to run a business where you sell checks, money orders, or similar items, or if you're handling other people's money to pay their bills for them, you need a license from the commissioner first. This also applies if you are sending money to pay utility bills for someone else, but you can't do this as a hobby or side job without a license.

No person shall engage in the business, for compensation, of selling checks, drafts, money orders, or other commercial paper serving the same purpose, or of receiving money as agent of an obligor for the purpose of paying bills, invoices, or accounts of such obligor, or acting as a prorater, nor shall any person, without direct compensation and not as an authorized agent for a utility company, accept money for the purpose of forwarding it to others in payment of utility bills, without first obtaining a license from the commissioner.

Section § 12200.2

Explanation

This law allows an individual to receive a license to operate as either a business agent or a special prorater.

A license as a business agent or special prorater may be issued to an individual.

Section § 12200.5

Explanation

This section of the law explains how the commissioner issues licenses to proraters, who are agents handling debt repayments. There are two types of licenses: a 'special proraters license' for those operating as business agents, and a 'general proraters license' for all other qualified applicants. By default, references to 'prorater' mean those with a general license unless stated otherwise.

The commissioner shall classify and license applicants for a proraters license in accordance with the nature of their existing or proposed business and the extent of regulation required thereby in the public interest as follows:
(a)CA Financial Code § 12200.5(a) A special proraters license shall be issued to a qualified applicant to engage in business as a business agent.
(b)CA Financial Code § 12200.5(b) A general proraters license shall be issued to all other qualified applicants.
Whenever the term “prorater” is used in this division with reference to a licensee it shall be deemed to mean a general prorater unless otherwise provided.

Section § 12201

Explanation

If you want to apply for a financial license, you need to fill out a written application under oath, including personal and business details, as required by the commissioner. The commissioner has the power to accept documents or signatures electronically but isn't required to do so. Any documents filed electronically include varied forms like applications, financial statements, and official notices related to licensing and hearings. An electronic signature is any digital method that shows you've signed an electronic document. The Department of Financial Protection and Innovation aims to use electronic records more as resources allow.

(a)CA Financial Code § 12201(a) An application for a license shall be in writing, under oath, and in a form prescribed by the commissioner and shall contain the name, and the address both of the residence and place of business, of the applicant and if the applicant is a partnership or association, of every member thereof, and if a corporation, of every officer and director thereof.
(b)CA Financial Code § 12201(b) Notwithstanding any other law, the commissioner may by rule or order prescribe circumstances under which to accept electronic records or electronic signatures. This section does not require the commissioner to accept electronic records or electronic signatures.
(c)CA Financial Code § 12201(c) For purposes of this section, the following terms have the following meanings:
(1)CA Financial Code § 12201(c)(1) “Electronic record” means an initial license application, or material modification of that license application, and any other record created, generated, sent, communicated, received, or stored by electronic means. “Electronic record” also includes, but is not limited to, all of the following:
(A)CA Financial Code § 12201(c)(1)(A) An application, amendment, supplement, and exhibit, filed for any license, consent, or other authority.
(B)CA Financial Code § 12201(c)(1)(B) A financial statement, report, or advertising.
(C)CA Financial Code § 12201(c)(1)(C) An order, license, consent, or other authority.
(D)CA Financial Code § 12201(c)(1)(D) A notice of public hearing, accusation, and statement of issues in connection with any application, license, consent, or other authority.
(E)CA Financial Code § 12201(c)(1)(E) A proposed decision of a hearing officer and a decision of the commissioner.
(F)CA Financial Code § 12201(c)(1)(F) The transcripts of a hearing.
(G)CA Financial Code § 12201(c)(1)(G) A release, newsletter, interpretive opinion, determination, or specific ruling.
(H)CA Financial Code § 12201(c)(1)(H) Correspondence between a party and the commissioner directly relating to any document listed in subparagraphs (A) to (G), inclusive.
(2)CA Financial Code § 12201(c)(2) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.
(d)CA Financial Code § 12201(d) The Legislature finds and declares that the Department of Financial Protection and Innovation has continuously implemented methods to accept records filed electronically, and is encouraged to continue to expand its use of electronic filings to the extent feasible, as budget, resources, and equipment are made available to accomplish that goal.

Section § 12202

Explanation

If you're applying to conduct business, you must include the exact address or addresses where the business activities will take place in your application.

If the business is to be conducted at a specific address or addresses, the address or addresses at which the business is to be conducted shall be included in the application.

Section § 12203

Explanation

This law requires that if you're starting a business using a mobile unit, you must include the mobile unit's state registration number or another form of ID in the application. You also need to specify the area where you plan to operate the mobile unit.

If the business is to be conducted from a mobile unit, the California state registration number or other identification of such mobile unit and the area in which the applicant proposes to operate such mobile unit shall be included in the application.

Section § 12204

Explanation

If you're applying for a business license in California, you need to state what kind of business it is and provide any other details the commissioner asks for.

The application shall specify the type of business for which a license is requested and shall also contain such other information as the commissioner may reasonably require.

Section § 12205

Explanation

This law discusses the financial requirements for licensed bill payers, general proraters, special proraters, and check sellers in California. For those not able to use agencies in their business, they must maintain a surety bond, have assets of over $10,000 more than debts, with at least $5,000 of that as liquid assets. Those qualified to use agencies must have at least $100,000 capital, a surety bond, and $100,000 more in assets than liabilities, with $25,000 of that liquid. Licensed check sellers need $500,000 capital, a surety bond, and $500,000 more in assets than debts, with $150,000 liquid, or alternatively, $1,000,000 in excess assets with a $100,000 surety bond. The commissioner decides what counts as liquid assets and can raise asset requirements if necessary for stability.

(a)CA Financial Code § 12205(a) A licensed bill payer, general prorater, or special prorater who does not qualify to make use of agencies in the conduct of its business at all times shall maintain a surety bond in an amount as required by subdivision (a) of Section 12206 and assets of at least ten thousand dollars ($10,000) in excess of its liabilities, of which assets at least five thousand dollars ($5,000) shall be liquid assets. A licensed bill payer, general prorater, or special prorater is qualified to make use of agencies in the conduct of its business if at all times it shall have capital of at least one hundred thousand dollars ($100,000) and maintain a surety bond in an amount as required by subdivision (a) of Section 12206 and assets, excluding goodwill and other intangible assets, of at least one hundred thousand dollars ($100,000) in excess of its liabilities, of which assets at least twenty-five thousand dollars ($25,000) shall be liquid assets.
(b)CA Financial Code § 12205(b) A licensed check seller, whether or not qualified to make use of agencies in the conduct of its business, shall at all times have capital of at least five hundred thousand dollars ($500,000) and maintain a surety bond in an amount as required by subdivision (b) of Section 12206 and assets, excluding goodwill and other intangible assets, of at least five hundred thousand dollars ($500,000) in excess of its liabilities, of which assets at least one hundred fifty thousand dollars ($150,000) are liquid assets. In the alternative, a licensed check seller may satisfy the assets and surety bond requirements of this subdivision by assets, excluding goodwill and other intangible assets, of at least one million dollars ($1,000,000) in excess of liabilities, of which assets at least one hundred fifty thousand dollars ($150,000) are liquid assets, and a surety bond, approved by the commissioner, in an amount of one hundred thousand dollars ($100,000).
(c)CA Financial Code § 12205(c) The commissioner may determine by rule or order what assets are liquid assets within the meaning of this section and may determine by specific ruling that a particular asset is or is not a liquid asset within the meaning of this section.
(d)CA Financial Code § 12205(d) The commissioner may by order increase the net asset and liquid asset requirements of subdivision (b) for any licensed check seller when, as a result of any examination or report under Section 12307.3, it appears to the commissioner that it is necessary for the safety and soundness of that licensed check seller.

Section § 12206

Explanation

If someone wants to start a business that involves collecting money to pay bills or invoices for others, they must first provide a $25,000 surety bond when applying for a license. This bond is a form of insurance to ensure they meet their obligations and must be approved by the commissioner.

If the applicant intends to sell checks, they must provide a $500,000 surety bond with their license application. In both cases, deposits given instead of these bonds are not considered as assets of the business when meeting certain legal requirements.

(a)CA Financial Code § 12206(a) If the applicant is to engage in the business of receiving money for the purpose of paying bills, invoices or accounts of an obligor, the applicant shall file with the commissioner concurrently with its application for a license, a surety bond to be approved by the commissioner, in which the applicant is the principal, in the minimum amount of twenty-five thousand dollars ($25,000). A deposit given instead of the bond required by this section shall not be deemed an asset of the applicant or licensee for the purpose of complying with Section 12205.
(b)CA Financial Code § 12206(b) If the applicant is to engage in the business of check selling, the applicant shall file with the commissioner concurrently with its application for a license, a surety bond to be approved by the commissioner, in which the applicant is the principal, in the minimum amount of five hundred thousand dollars ($500,000). A deposit given instead of the bond required by this section shall not be deemed an asset of the applicant or licensee for the purpose of complying with Section 12205.

Section § 12207

Explanation

This law states that a bond must be approved by the commissioner, and it is meant to protect both the state and individuals who may have claims against the person or entity that the bond is for.

The bond shall be approved by the commissioner. The bond shall run to the state for the use of the state and of any person who has a cause of action against the principal under the provisions of this division.

Section § 12208

Explanation

This section states that if you are required to have a bond, it must ensure you follow all rules, apply funds properly, and meet your obligations. If you owe money to the State or others, the bond covers those payments. The company guaranteeing the bond (the surety) can choose to pay all its debt to a court-appointed receiver instead of directly to the State or individuals owed money. Once they do this, they no longer owe anything under the bond.

The bond shall be conditioned that the obligor will faithfully conform to and abide by the provisions of this division and of all rules and regulations made by the commissioner pursuant to this division, and will honestly and faithfully apply all funds received and will faithfully and honestly perform all obligations and undertakings under this division, and will pay to the State and to any person all money that becomes due and owing to the State or to such person from the obligor under the provisions of this division. The surety under such bond may pay the full amount of its liability thereunder to a receiver appointed by a superior court pursuant to Section 12307.2 of this code in lieu of payment to the State or persons having a cause of action against the obligor of the bond, and upon such payment the surety is completely released from further liability under such bond.

Section § 12209

Explanation

This law states that a bond must stay active and enforceable until the surety, which is the entity guaranteeing the bond, is either officially released from responsibility by the commissioner or decides to cancel the bond.

The bond shall remain in force and effect until the surety is released from liability by the commissioner, or until the bond is canceled by the surety.

Section § 12212

Explanation

This law means that if you have a complaint related to a bond, you have a two-year deadline to take legal action, starting from when the issue or wrongdoing happened. After two years, you can't file a lawsuit anymore regarding that bond issue.

No action may be brought on the bond by any person after the expiration of two years from the time when the act or default complained of occurred.

Section § 12213

Explanation
If someone sues a licensee's bond, the commissioner can ask for a new one. Once someone wins a case against the bond, the licensee must get a new bond. If they don't do it within 10 days, their license could be suspended or revoked.
When an action is commenced on the bond of a licensee the commissioner may require the filing of a new bond, and immediately upon the recovery of any action on the bond the licensee shall file a new bond. Failure to file a new bond within 10 days of the recovery on a bond, or within 10 days after notification that a bond is required, constitutes sufficient grounds for the suspension or revocation of a license.

Section § 12214

Explanation

If you're applying for a license, you need to pay a $50 investigation fee and a $200 application fee, both of which are non-refundable if your application is denied or withdrawn.

Once licensed, you have to pay a share of the administration costs, calculated based on your income compared to other licensees. There’s a minimum fee of $150 yearly. You'll be informed by May 30 of how much you owe, and you need to pay it within 20 days to avoid penalties.

If you don't pay by June 30, your license could be suspended or revoked. You can request a hearing on this suspension, and if it’s not held within 60 days, the suspension order is canceled. You can’t conduct business while suspended without specific permission.

(a)CA Financial Code § 12214(a) An applicant at the time of filing an application for a license under this division shall pay to the commissioner the sum of fifty dollars ($50) as a fee for investigating the application and two hundred dollars ($200) as an application fee. The investigation fee and application fee are not refundable if an application is denied or withdrawn.
(b)Copy CA Financial Code § 12214(b)
(1)Copy CA Financial Code § 12214(b)(1) Each licensee shall pay to the commissioner its pro rata share of all costs and expenses, reasonably incurred in the administration of this division as estimated by the commissioner for the ensuing year and any deficit actually incurred or anticipated in the administration of the programs in the year in which such assessment is made. The pro rata share shall be the proportion which a licensee’s gross income bears to the aggregate gross income of all licensees as shown by the annual financial reports to the commissioner. The pro rata share shall not include the costs of any examinations provided for in Section 12306, unless they cannot be collected from the licensee examined.
(2)CA Financial Code § 12214(b)(2) On or before the 30th day of May in each year, the commissioner shall notify each licensee by mail of the amount assessed and levied against it and that amount shall be paid within 20 days thereafter. If payment is not made within 20 days, the commissioner shall assess and collect a penalty in addition to the assessment, of 1 percent of the assessment for each month or part of a month that the payment is delayed or withheld.
(3)CA Financial Code § 12214(b)(3) In the levying and collection of the assessment, a licensee shall not be assessed for nor be permitted to pay less than one hundred fifty dollars ($150) per year.
(4)CA Financial Code § 12214(b)(4) If a licensee fails to pay the assessment on or before the 30th day of June following the day upon which payment is due, the commissioner may by order summarily suspend or revoke the certificate issued to such licensee. If, after such an order is made, a request for hearing is filed in writing and a hearing is not held within 60 days thereafter, the order is deemed rescinded as of its effective date. During any period when its certificate is revoked or suspended, a licensee shall not conduct business pursuant to this division except as may be permitted by order of the commissioner; provided, however, that the revocation, suspension or surrender of a certificate shall not affect the powers of the commissioner as provided in this division.

Section § 12216

Explanation

This law outlines the process for obtaining a business license in certain financial sectors. When someone applies for such a license, pays the necessary fees, and secures a bond, the commissioner will investigate their background, including partners, officers, and stakeholders. The applicant must also present a business plan detailing finances, market study, geographic service area, accounting systems, and future expansion plans. Finally, the commissioner will consider other relevant factors. If the commissioner finds everything satisfactory and no reasons to deny the application, a license will be granted to operate the business.

(a)CA Financial Code § 12216(a) Upon the filing of the application and the payment of the fees and the approval of the bond, the commissioner shall investigate and examine the following:
(1)CA Financial Code § 12216(a)(1) The background and experience of the applicant and of the partners or members thereof if the applicant is a partnership or association, and of the officers and directors thereof if the applicant is a corporation, and of any organizers, incorporators, managers, or stockholders.
(2)CA Financial Code § 12216(a)(2) The plan of business of the applicant. The plan of business should include, but not be limited to: (A) a feasibility and market study; (B) pro forma financial statements, including all underlying assumptions; (C) a description of the geographical area to be served by agents; (D) a description of the accounting system to be used; (E) a description of the internal control procedures for the operations of the proposed business, and for its agents; and (F) plans for future expansion of business operations.
(3)CA Financial Code § 12216(a)(3) Any other factors and circumstances bearing on the applicant or any proposed facility that in the opinion of the commissioner may be relevant.
(b)CA Financial Code § 12216(b) If the commissioner determines that the applicant has satisfied the provisions of this division and does not find facts constituting reasons for denial as specified in Section 12221, the commissioner shall issue and deliver a license to the applicant to engage in business in accordance with the provisions of this division.

Section § 12217

Explanation

This law section explains what must be included on each business license. It must have the name of the person or entity holding the license, and if it's a partnership or corporation, additional details like member names or incorporation information. The license must also show the business address and detail what type of business is being licensed.

Each license shall state the following:
(a)CA Financial Code § 12217(a) The name of the licensee, and if the licensee is a partnership or association the names of the members, or if the licensee is a corporation the date and place of its incorporation.
(b)CA Financial Code § 12217(b) The address at which such business is to be conducted.
(c)CA Financial Code § 12217(c) The type of business licensed.

Section § 12218

Explanation

This law requires businesses to prominently display their licenses at their main business location.

The license shall be kept conspicuously posted in the principal place of business of the licensee.

Section § 12219

Explanation

This law means that the license cannot be given to someone else or changed to another person's name. Once you have the license, only you can use it.

The license is not transferable or assignable.

Section § 12220

Explanation

This law allows the commissioner to make rules that require license holders to update their application information whenever there are changes. The commissioner decides what needs updating and when the updates should be filed.

The commissioner may by regulation require licensees to file at such times as he may specify such information as the commissioner may reasonably require regarding any changes in the information provided in any application filed pursuant to this division.

Section § 12221

Explanation

If you're applying for a license, be aware that it can be denied for several reasons. These include lying on the application or having someone involved in the company who has a recent history of crimes related to dishonesty. If you've broken any rules similar to this division or haven't followed all the necessary steps, that's also a red flag.

Additionally, the commissioner might reject your application if your company's leaders lack relevant business experience, if your business plan seems unfeasible, if the company's purpose seems fishy, or if your financial backing isn't strong enough.

Upon reasonable notice and opportunity to be heard, the commissioner may deny the application for the license for any of the following reasons:
(a)CA Financial Code § 12221(a) A false statement of a material fact has been made in the application for license.
(b)CA Financial Code § 12221(b) Any officer, director, or member of the applicant has, within the last 10 years, been (1) convicted of or pleaded nolo contendere to a crime, or (2) committed any act involving dishonesty, fraud, or deceit, which crime or act is substantially related to the qualifications, functions, or duties of a person engaged in business in accordance with the provisions of this division.
(c)CA Financial Code § 12221(c) The applicant, any officer, director, general partner, or member of the applicant, or any person owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant has violated any provision of this division or the rules thereunder or any similar regulatory scheme of the State of California or a foreign jurisdiction.
(d)CA Financial Code § 12221(d) The applicant has not complied with all the applicable provisions of this division.
(e)CA Financial Code § 12221(e) The proposed officers and directors do not have sufficient check selling, bill paying, prorating, or other experience to afford reasonable promise of successful operation.
(f)CA Financial Code § 12221(f) The plan of business does not demonstrate that the proposed business will have a reasonable chance for a successful operation.
(g)CA Financial Code § 12221(g) The proposed business is being formed for a purpose other than the legitimate objectives contemplated by this division.
(h)CA Financial Code § 12221(h) The proposed capital structure is inadequate.

Section § 12223

Explanation

This law allows a commissioner to require a business with a license to get an additional fidelity bond aside from the one already required. This bond serves as protection for the public against any potential loss due to dishonest actions like embezzlement by anyone with access to the company's funds. It also covers losses from theft or similar incidents. Importantly, if a deposit is made in place of this bond, it won't count as an asset of the business for meeting certain other financial requirements.

The commissioner may require a licensee, in addition to the bond provided in Section 12206, to obtain an adequate fidelity bond for each officer, employee, agent, or any person having access to funds collected by or for the licensee or having authority to draw against such funds if in the commissioner’s opinion such a bond is necessary for the protection of the public. The bond shall be for the protection of the public against loss suffered through embezzlement by any person having access to funds collected by or for the licensee or having authority to draw against such funds, or from mysterious disappearance, theft, holdup or burglary. A deposit given instead of the bond required by this section shall not be deemed an asset of the licensee for the purpose of complying with Section 12205.

Section § 12225

Explanation

If your license or certificate is lost, stolen, or destroyed, the commissioner can issue a replacement after you provide proof and pay a $2 fee. You can also get a replacement if you want to change your certificate, but you must surrender the old one and pay the same fee.

The commissioner may issue a duplicate of a license that has been lost, stolen, or destroyed, or for a certificate which the licensee desires to replace, upon satisfactory proof of such loss, theft, or destruction, or upon surrender of a certificate for replacement and the payment of a fee of two dollars ($2).