Section § 300

Explanation

This section defines key terms related to financial laws in California. A 'business and industrial development corporation' is a specific type of licensed corporation. 'Payment instrument' and 'stored value' refer to financial products as defined in another statute. The law also establishes the Department of Financial Protection and Innovation within the California government. This department is responsible for enforcing laws related to various financial entities and activities, including banks, credit unions, issuers of stored value, finance lenders, investment advisers, and more.

Overall, this section organizes and defines the scope of financial oversight responsibilities of the department, ensuring proper regulation of a wide range of businesses in the financial sector.

(a)CA Financial Code § 300(a) In this section:
(1)CA Financial Code § 300(a)(1) “Business and industrial development corporation” means a corporation licensed under Division 15 (commencing with Section 31000).
(2)CA Financial Code § 300(a)(2) “Payment instrument” has the same meaning as set forth in Section 2003.
(3)CA Financial Code § 300(a)(3) “Stored Value” has the same meaning as set forth in subdivision (x) of Section 2003.
(b)CA Financial Code § 300(b) There is in the state government, in the Business, Consumer Services, and Housing Agency, a Department of Financial Protection and Innovation, which has charge of the execution of, among other laws, the laws of this state relating to any of the following: (1) banks or trust companies or the banking or trust business; (2) savings associations or the savings association business; (3) credit unions or the credit union business; (4) persons who engage in the business of receiving money for transmission or such business; (5) issuers of stored value or such business; (6) issuers of payment instruments or the payment instrument business; (7) business and industrial development corporations or the business and industrial development corporation business; (8) insurance premium finance agencies or the insurance premium finance business; (9) persons offering or making any contract constituting bucketing; (10) persons offering or selling off-exchange commodities; (11) deferred deposit originators; (12) finance lenders and brokers; (13) residential mortgage lenders and servicers; (14) capital access companies; (15) check sellers, bill payers, and proraters; (16) securities issuers, broker-dealers, agents, investment advisers, and investment adviser representatives; (17) mortgage loan originators employed or supervised by finance lenders or residential mortgage lenders; (18) escrow agents; (19) franchisors; (20) persons holding securities as custodians on behalf of securities owners; (21) persons offering or providing consumer financial products or services in this state; and (22) PACE program administrators.

Section § 301

Explanation

This section outlines which divisions and articles of California's financial laws are relevant to the oversight by the Division of Corporations.

It indicates that certain divisions, starting at specific sections, are applicable. However, it lists specific sections within Article 2 and Article 3 that do not apply to the Division of Corporations.

(a)CA Financial Code § 301(a)  This chapter is applicable to this division, Division 1.1 (commencing with Section 1000), Division 1.2 (commencing with Section 2000), Division 1.6 (commencing with Section 4800), Division 5 (commencing with Section 14000), Division 7 (commencing with Section 18000), and Division 15 (commencing with Section 31000).
(b)CA Financial Code § 301(b) Except as provided in subdivision (c), this article, and Articles 2 (commencing with Section 320) and 3 (commencing with Section 350) are applicable to the administration of laws by the Division of Corporations.
(c)CA Financial Code § 301(c) Sections 329, 330, 332, 335, 336, 357, 378, 379, and 381 are not applicable to the Division of Corporations.