Business and Industrial Development CorporationsAdministration
Section § 31100
This law section states that the commissioner is responsible for overseeing and implementing the rules and regulations within this part of the financial division.
Section § 31101
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.
Section § 31102
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.
Section § 31103
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.
Section § 31104
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.
Section § 31105
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.
Section § 31106
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.
Section § 31107
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.
Section § 31108
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.
Section § 31109
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.
Section § 31110
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.
Section § 31110.5
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.
Section § 31111
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.
Section § 31112
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.
Section § 31113
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.
Section § 31114
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.
Section § 31115
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.