Section § 100007

Explanation

To apply for a license, you need to submit a completed application form signed under penalty of perjury, which includes your main business location and all branch addresses. You must also pay a $350 application fee and an investigation fee, which covers a fingerprint check and criminal history review. These fees are non-refundable, even if your application is denied or withdrawn. Fees are paid when you first apply. Additionally, you must provide a sample of the initial letter you will use to communicate with California consumers, as required by federal law.

An applicant shall apply for a license by submitting all of the following to the commissioner:
(a)CA Financial Code § 100007(a) A completed application for a license in a form prescribed by the commissioner and signed under penalty of perjury. An application shall include the location of the applicant’s principal place of business and all branch office locations.
(b)Copy CA Financial Code § 100007(b)
(1)Copy CA Financial Code § 100007(b)(1) An application fee, of three hundred fifty dollars ($350), and an investigation fee, the amount of which shall be determined by the department, to cover any costs incurred in processing an application, including a fingerprint processing and criminal history record check under Section 100009. The investigation fee, including the amount for the criminal history record check, and the application fee are not refundable if an application is denied or withdrawn.
(2)CA Financial Code § 100007(b)(2) The fees assessed pursuant to this subdivision shall be billed and collected by the commissioner at the time of initial application.
(c)CA Financial Code § 100007(c) A sample of the initial letter required pursuant to Section 1692g of Title 15 of the United States Code that the licensee will use in correspondence with California consumers.

Section § 100008

Explanation

This law mandates a background check, including FBI criminal history and fingerprinting, for all applicants as determined under Section 100009. This applies to individuals and all entities such as partnerships or corporations. Although a criminal record won’t automatically lead to a license denial if the person has been rehabilitated, pardoned, or if convictions have been legally dismissed, applicants must prove such dismissals aren't on the criminal report. Licenses can’t be denied for arrests without convictions. However, licenses can be denied if applicants knowingly lie in their applications. If denied based on conviction history, the applicant must be informed of the decision, how to appeal, and their rights to access and challenge their records.

(a)CA Financial Code § 100008(a) The commissioner shall require a background investigation of each applicant by means of a Federal Bureau of Investigation criminal history record check of the individuals subject to investigation under Section 100009 and shall require the submission of fingerprints for each individual subject to investigation under Section 100009.
(b)CA Financial Code § 100008(b) If the applicant is a partnership, corporation, limited liability company, trust, estate, cooperative, association, or other business organization, the commissioner shall require a Federal Bureau of Investigation criminal history record check, including the submission of fingerprints, for each individual described in Section 100009.
(c)CA Financial Code § 100008(c) Notwithstanding any other provision of law, the Nationwide Multistate Licensing System Registry may be used as a channeling agent between the United States Department of Justice and the commissioner for purposes of requesting and distributing information for the background investigations described in this section.
(d)Copy CA Financial Code § 100008(d)
(1)Copy CA Financial Code § 100008(d)(1) An applicant shall not be denied a license on the basis of a criminal conviction, or on the basis of acts underlying a criminal conviction, if the convicted person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or has been granted clemency or a pardon by a state or federal executive.
(2)CA Financial Code § 100008(d)(2) An applicant shall not be denied a license on the basis of a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code shall provide the commissioner with proof of the dismissal if it is not reflected in the applicant’s criminal history record report.
(3)CA Financial Code § 100008(d)(3) An applicant shall not be denied a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or juvenile adjudication.
(4)CA Financial Code § 100008(d)(4) An applicant may be denied a license on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license. An applicant shall not be denied a license based solely on an applicant’s failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.
(5)CA Financial Code § 100008(d)(5) If an applicant is denied a license based solely or in part on conviction history, the applicant shall be notified in writing of all of the following:
(A)CA Financial Code § 100008(d)(5)(A) The denial or disqualification of licensure.
(B)CA Financial Code § 100008(d)(5)(B) The procedure for the applicant to challenge the decision or to request reconsideration.
(C)CA Financial Code § 100008(d)(5)(C) That the applicant has the right to appeal the decision.
(D)CA Financial Code § 100008(d)(5)(D) The processes to request a copy of the applicant’s complete conviction history and to question the accuracy or completeness of the record.

Section § 100009

Explanation

This law outlines the process for applying for a debt collection license in California and the investigation requirements for different types of business entities. If the application is from a partnership, the commissioner will check the applicant, managing partners, individuals with significant ownership, and anyone responsible for debt collection activities. For corporations, trusts, LLCs, or associations, the investigation will include the applicant, principal officers, board of directors, trustees (if applicable), managing members (for LLCs), significant owners, and anyone overseeing debt collection. The commissioner will also specifically investigate the person in charge of debt collection at the business location.

Key people like principal officers include those with major decision-making roles regarding debt collection in the business.

(a)Copy CA Financial Code § 100009(a)
(1)Copy CA Financial Code § 100009(a)(1) Upon the filing of an application for a license pursuant to Section 100007 and the payment of the fees, if the applicant is a partnership, the commissioner shall investigate all of the following:
(A)CA Financial Code § 100009(a)(1)(A) The applicant.
(B)CA Financial Code § 100009(a)(1)(B) The applicant’s managing partners and supervising partners, as defined in the partnership agreement.
(C)CA Financial Code § 100009(a)(1)(C) Any individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests in the applicant.
(D)CA Financial Code § 100009(a)(1)(D) Any individual responsible for the conduct of the applicant’s debt collection activities or policies in this state.
(2)CA Financial Code § 100009(a)(2) Upon the filing of an application for a license pursuant to Section 100007 and the payment of the fees, if the applicant is a corporation, trust, limited liability company, or association, including an unincorporated organization, the commissioner shall investigate all of the following:
(A)CA Financial Code § 100009(a)(2)(A) The applicant.
(B)CA Financial Code § 100009(a)(2)(B) Any principal officer of the applicant.
(C)CA Financial Code § 100009(a)(2)(C) The applicant’s board of directors.
(D)CA Financial Code § 100009(a)(2)(D) Any trustee of the applicant.
(E)CA Financial Code § 100009(a)(2)(E) Any managing member of the applicant if the applicant is a limited liability company.
(F)CA Financial Code § 100009(a)(2)(F) Any individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding equity securities in the applicant.
(G)CA Financial Code § 100009(a)(2)(G) Any individual responsible for the conduct of the applicant’s debt collection activities or policies in this state.
(b)CA Financial Code § 100009(b) Upon the filing of an application for a license pursuant to Section 100007 and the payment of the fees, the commissioner shall investigate the individual responsible for the debt collection activity of the licensee at the location described in the application. The investigation may be limited to information that was not included in prior applications filed pursuant to this division.
(c)CA Financial Code § 100009(c) For the purposes of this section, “principal officers” means a president, chief executive officer, chief operating officer, treasurer, and chief financial officer, as may be applicable, and any other officer with direct decisionmaking responsibility for the applicant’s debt collection activities or policies in this state.

Section § 100011

Explanation

When someone applies for a license under this law, the commissioner will issue a license if all requirements are met and no reasons exist to deny it. If the requirements aren't met, the commissioner can deny the application but must give written reasons for the denial after allowing a hearing.

(a)CA Financial Code § 100011(a) When the application is complete, including the information from the Department of Justice, and the commissioner determines that the applicant has satisfied the requirements set forth in this division and does not find facts constituting reasons for denial, the commissioner shall issue and deliver a license to the applicant.
(b)CA Financial Code § 100011(b) If the commissioner determines that the requirements have not been satisfied, after notice and an opportunity for a hearing, the commissioner may deny the application and shall provide a written explanation for the denial.

Section § 100012

Explanation

This law explains how the process for denying a business license works and the reasons a license application can be denied. If a license application is denied, it follows a formal process set by other government code sections. The commissioner can deny a license if the application includes false information or if applicants or key people involved in the business have a criminal history or have been dishonest in ways related to the business. Other reasons for denial include violations of regulations, failure to meet material requirements, or past legal issues involving consumer protection. The commissioner also considers if the business will be run ethically and efficiently before granting a license. Regulations may be created to specify what factors are considered for denial, including previous consumer harm or violations.

(a)CA Financial Code § 100012(a) The proceedings for a denial of a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)CA Financial Code § 100012(b) After notice and an opportunity for a hearing the commissioner may deny an application for a license for any of the following reasons:
(1)CA Financial Code § 100012(b)(1) A false statement of a material fact has been made in the application.
(2)CA Financial Code § 100012(b)(2) The applicant or any principal officer, director, general partner, managing member, or individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, within the last 10 years has (A) been convicted of, or pleaded nolo contendere to, a crime, other than traffic violations, or (B) committed any act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of a person engaged in business in accordance with this division.
(3)CA Financial Code § 100012(b)(3) The applicant or any principal officer, director, general partner, managing member, or individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, has violated, or is not in material compliance with this division, or an order or rule of the commissioner.
(4)CA Financial Code § 100012(b)(4) A material requirement for issuance of a license has not been met, provided that a written notice of a material omission shall first be sent to the applicant with an opportunity to correct the omission prior to the applicant’s denial.
(5)CA Financial Code § 100012(b)(5) The applicant or any principal officer, director, general partner, managing member, or individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, has violated this division or the rules thereunder, or any similar regulatory scheme of this or a foreign jurisdiction.
(6)CA Financial Code § 100012(b)(6) The applicant or any principal officer, director, general partner, managing member, or individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, has been held liable by final judgment in a civil action under Title 1.6C (commencing with Section 1788) or Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code, within the past seven years.
(7)CA Financial Code § 100012(b)(7) The commissioner, based on its investigation of the applicant, is unable to find that the financial responsibility, criminal records, experience, character, and general fitness of the applicant and its general partners, managing members, principal officers and directors, and individuals owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, support a finding that the business will be operated honestly, fairly, efficiently, and in accordance with the requirements of this division.
(8)CA Financial Code § 100012(b)(8) The commissioner may adopt regulations specifying the factors that the commissioner will consider in denying a license, including, but not limited to, the harm to the consumer, the frequency of prior violations, and the number of prior disciplinary actions taken against the licensee in California or in other states.

Section § 100013

Explanation

If you're applying for a license and the commissioner asks for more information, you need to respond. If you don't reply within 60 days of their request, your application might be considered abandoned. They will let you know this in writing. Even if your application is abandoned, they won't give your application fee back, but you can apply again and pay the fee again.

(a)CA Financial Code § 100013(a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application.
(b)CA Financial Code § 100013(b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner may deem the application abandoned.
(c)CA Financial Code § 100013(c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license.

Section § 100014

Explanation

This section states that a license will continue to be valid unless it is suspended or revoked by the commissioner, or if the licensee decides to give it up voluntarily.

A license shall remain effective until the license is either suspended or revoked by the commissioner or surrendered by the licensee.