reglab/housing_qa huggingface dataset:
CA Fin Code § 10004 (2021)
2021 California Code|Financial Code - FIN|DIVISION 2 - SAVINGS ASSOCIATION LAW|CHAPTER 10 - Foreign (National) Savings Companies|Section 10004.

10004.  Except as expressly provided for in this chapter, any person who, as principal, agent, salesperson, solicitor, or in any other capacity, solicits or conducts in this state the business of selling, disposing of, taking, or soliciting savings accounts of any foreign savings association that has not complied with all the requirements of this chapter, is guilty of a public offense punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.(Amended by Stats. 2011, Ch. 15, Sec. 106. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CA Fin Code § 10005 (2021)
2021 California Code|Financial Code - FIN|DIVISION 2 - SAVINGS ASSOCIATION LAW|CHAPTER 10 - Foreign (National) Savings Companies|Section 10005.

10005.  For the purposes of this article and any other law of this state prohibiting, limiting, or regulating the doing of business or the selling, taking, or solicitation of savings accounts in this state by foreign savings associations or foreign corporations, any federally insured foreign savings association subject to state or federal supervision, which by law is subject to periodic examination by that supervisory authority and to a requirement of periodic audit, and any broker-dealer registered in accordance with the requirements of the Securities Exchange Act of 1934 and the Corporate Securities Law of 1968, and any partner, officer, director, branch manager, or person performing similar functions, and employees of that broker-dealer, shall not be considered to be doing business or selling, taking, or soliciting savings accounts in this state by reason of engaging in the following:(a) (1) Any of the activities specified in subdivision (d) of Section 191 of the Corporations Code, or (2) the advertising or solicitation of savings accounts in this state by a federally insured foreign savings association through the media of the mail, radio, television, magazines, newspapers, or any other media that are published or circulated within this state, except through or as a result of telemarketing, provided that the advertising or solicitation as a whole is accurate and does not create a misleading impression even though statements considered separately are literally accurate. A federally insured foreign savings association shall not sell, take or solicit savings accounts through telemarketing by use of the telephone or telephone transceiving equipment, or through the use of an automatic dial-announcing device as defined in Section 2871 of the Public Utilities Code.(b) The offering by a registered broker-dealer of, or the placement by a registered broker-dealer of a customer’s funds into, a savings account at a federally insured foreign savings association chartered under the laws of a state in which broker-dealers make available savings accounts of associations chartered under the laws of this state, provided that (1) any advertising, offering material, or solicitation as a whole is accurate and does not create a misleading impression even though statements considered separately are literally accurate and (2) the savings accounts of the federally insured foreign savings association are rated “investment grade” by either Standard & Poor’s Corporation or Moody’s Investors Service, Inc. based upon the foreign savings association’s ability to repay the savings accounts independent of federal deposit insurance benefits.(Amended (as amended by Stats. 1991, Ch. 1206, Sec. 3) by Stats. 1993, Ch. 469, Sec. 9. Effective January 1, 1994.)
CA Fin Code § 10006 (2021)
2021 California Code|Financial Code - FIN|DIVISION 2 - SAVINGS ASSOCIATION LAW|CHAPTER 10 - Foreign (National) Savings Companies|Section 10006.

10006.  Except as provided by regulation, this division applies to a foreign savings association or its holding company as if business conducted in this state were that of a California savings association.(Added by Stats. 1987, Ch. 1162, Sec. 24. Effective September 26, 1987. Section operative January 1, 1991, pursuant to Section 10009.)
CA Fin Code § 10007 (2021)
2021 California Code|Financial Code - FIN|DIVISION 2 - SAVINGS ASSOCIATION LAW|CHAPTER 10 - Foreign (National) Savings Companies|Section 10007.

10007.  If a foreign savings association is controlled by a foreign holding company, the requirements under this chapter applicable to both a foreign savings association and foreign holding company are required to be met.(Added by Stats. 1987, Ch. 1162, Sec. 25. Effective September 26, 1987. Section operative January 1, 1991, pursuant to Section 10009.)
CA Fin Code § 10009 (2021)
2021 California Code|Financial Code - FIN|DIVISION 2 - SAVINGS ASSOCIATION LAW|CHAPTER 10 - Foreign (National) Savings Companies|Section 10009.

10009.  This chapter shall become operative on January 1, 1991.(Added by renumbering Section 10003 by Stats. 1987, Ch. 1162, Sec. 21. Effective September 26, 1987. Note: This section prescribes a delayed operative date for Chapter 10 (added by Stats. 1986, Ch. 1057), commencing with Section 10000.)
CA Fin Code § 12000 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 1 - Definitions|Section 12000.

12000.  This division is known and may be cited as the Check Sellers, Bill Payers and Proraters Law.(Amended by Stats. 1983, Ch. 660, Sec. 1.)
CA Fin Code § 12001 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 1 - Definitions|Section 12001.

12001.  Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12002 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 1 - Definitions|Section 12002.

12002.  A check seller is a person: (a) who, for compensation, engages, in whole or in part, in the business of selling checks, drafts, money orders, or other commercial paper serving the same purpose, or receiving money as agent of an obligor for the purpose of paying to a person other than the check seller bills, invoices, or accounts of such obligor, or (b) who, without direct compensation and not as an authorized agent for a utility company, accepts money for the purpose of forwarding it to others in payment of utility bills.(Amended by Stats. 1983, Ch. 660, Sec. 2.)
CA Fin Code § 12002.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 1 - Definitions|Section 12002.1.

12002.1.  A prorater is a person who, for compensation, engages in whole or in part in the business of receiving money or evidences thereof for the purpose of distributing the money or evidences thereof among creditors in payment or partial payment of the obligations of the debtor.(Amended by Stats. 1972, Ch. 999.)
CA Fin Code § 12002.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 1 - Definitions|Section 12002.2.

12002.2.  A business agent, for the purpose of this division is a person who engages in business as a prorater as defined in Section 12002.1 as an incident to the business of advising, counseling, or directing persons in their investments, and in the organization and management of their affairs under an exclusive contract, the primary purpose of which is not the liquidation of existing indebtedness.(Added by Stats. 1959, Ch. 1506.)
CA Fin Code § 12003 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 1 - Definitions|Section 12003.

12003.  “Commissioner” means the Commissioner of Business Oversight, or any deputy, investigator, auditor, or any other person employed by him or her.(Amended by Stats. 2013, Ch. 353, Sec. 59. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
CA Fin Code § 12004 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 1 - Definitions|Section 12004.

12004.  “Licensee” means any individual or corporation licensed by the commissioner to engage in the business of a business agent, and any corporation licensed by the commissioner to engage in the business of selling checks, drafts or money orders, or of receiving money as agent of an obligor for the purpose of paying bills, invoices or accounts of such obligor or to accept money in payment of utility bills except as an authorized agent for a utility company pursuant to the provisions of this division.(Amended by Stats. 1983, Ch. 660, Sec. 3.)
CA Fin Code § 12005 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 1 - Definitions|Section 12005.

12005.  “Mobile unit” means a vehicle or other movable means from which the business of selling checks, drafts, or money orders is conducted.(Amended by Stats. 1983, Ch. 660, Sec. 4.)
CA Fin Code § 12101.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 2 - Application of Division|Section 12101.5.

12101.5.  In any proceeding under this law, the burden of proving an exemption or an exception from a definition is upon the person claiming it.(Added by Stats. 1978, Ch. 778.)
CA Fin Code § 12102 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 2 - Application of Division|Section 12102.

12102.  Any person who willfully violates any provision of this division, or who willfully violates any rule or order under this division, shall, upon conviction, be fined not more than ten thousand dollars ($10,000), or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or be punished by both that fine and imprisonment, but no person may be imprisoned for the violation of any rule or order unless he or she had knowledge of the rule or order. Conviction under this section shall not preclude the commissioner from exercising the authority provided in Section 12400.(Amended by Stats. 2011, Ch. 15, Sec. 107. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CA Fin Code § 12102.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 2 - Application of Division|Section 12102.1.

12102.1.  A licensee under this division or any person engaged in the same type of business as licensed under this division whether said person is licensed or not shall be deemed to be an agent as defined under Sections 506 and 506a of the Penal Code and subject to the penalties under said sections.(Added by Stats. 1953, Ch. 807.)
CA Fin Code § 12103 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 2 - Application of Division|Section 12103.

12103.  Whenever in the opinion of the commissioner any person is engaged in business as a check seller as defined in this division without a license from the commissioner, or any person or licensee is violating any provision of this division, the commissioner may order the person or licensee to desist and to refrain from engaging in such business or further violating this division. If, after an order has been served, a request for a hearing is filed in writing within 30 days of the date of service of the order by the person to whom the order was directed, a hearing shall be held in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and the commissioner shall have all of the powers granted under that chapter. Unless the hearing is commenced within 15 business days after the request for a hearing is filed or the person affected consents to a later date, the order is rescinded.(Amended by Stats. 2015, Ch. 110, Sec. 1. (AB 1113) Effective January 1, 2016.)
CA Fin Code § 12105 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 2 - Application of Division|Section 12105.

12105.  (a) Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this division, or any rule or order promulgated pursuant to this division, the commissioner may, at his or her discretion, bring an action in the name of the people of the State of California in the superior court to enjoin the acts or practices or to enforce compliance. Upon a proper showing, a permanent or preliminary injunction, a regaining order, or a writ of mandate shall be granted and a receiver or conservator may be appointed for the defendant’s assets.(b) If the commissioner determines it is in the public interest, the commissioner may include in any action under this division a claim for ancillary relief, including, but not limited to, a claim for restitution or disgorgement or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the administrative or civil court shall have jurisdiction to award an additional relief.(c) The commissioner may, after appropriate notice and opportunity for hearing, levy administrative penalties against any person or licensee who violates any provision of this division, or rule or order promulgated pursuant to this division, in an amount not to exceed two thousand five hundred dollars ($2,500) per violation. Any hearing shall be held in accordance with the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all of the powers granted under this act. If no hearing is requested within 30 days from the date of service of the order, the order shall become final.(d) Any licensee or person who willfully violates any provision of this division, or any rule or order thereunder, shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the commissioner in any court of competent jurisdiction.(e) In any action brought under this division, the commissioner is entitled to receive costs, which in the discretion of the administrative or civil court shall include an amount representing reasonable attorney’s fees and any related expenses for services rendered.(Added by Stats. 2002, Ch. 779, Sec. 5. Effective January 1, 2003.)
CA Fin Code § 12106 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 2 - Application of Division|Section 12106.

12106.  (a) The commissioner may do the following, at his or her discretion:(1) Make public or private investigations within or outside of this state necessary to determine whether any person has violated, or is about to violate, any provision of this division or any rule or order promulgated pursuant to this division, or to aid in the enforcement of the law.(2) Make public any information concerning any violation of this division or any rule or order promulgated pursuant to this division.(b) For the purpose of any investigation or proceeding under this section, the commissioner or any officer designated by the commissioner may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records the commissioner deems relevant or material to the inquiry.(c) In case of refusal to obey a subpoena issued to a person, the superior court may upon application by the commissioner issue to the person an order requiring the person to appear before the commissioner, or an officer designated by the commissioner, and produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt.(d) No person is excused from attending or testifying, or from producing any document or record, before the commissioner or in obedience of a subpoena of the commissioner, or any officer designated by the commissioner, or in any proceeding instituted by the commissioner, on the ground that the testimony or evidence required of the person may incriminate the person or subject the person to a penalty or forfeiture. However, after validly claiming the privilege against self-incrimination, no individual may be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter, or thing for which the person is compelled to testify or produce pursuant to this section, except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.(e) The cost of any review, examination, audit, or investigation made by the commissioner under this section shall be paid to the commissioner by the person subject to the review, examination, audit, or investigation, and the commissioner may maintain an action for the recovery of these costs in any court of competent jurisdiction. In determining the cost, the commissioner may use the actual amount of the salary or other compensation paid to the persons making the review, examination, audit, or investigation plus the actual amount of expenses, including overhead reasonably incurred in the performance of the work.(Added by Stats. 2002, Ch. 779, Sec. 6. Effective January 1, 2003.)
CA Fin Code § 12107 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 2 - Application of Division|Section 12107.

12107.  (a) If, upon inspection or investigation, based upon a complaint or otherwise, the department has cause to believe that a person is engaged in business without a license, or a person or licensee is violating any provision of this division or any rule or order promulgated pursuant to this division, the department may issue a citation to that person in writing describing with particularity the basis of the citation. Each citation may contain an order to desist and refrain and an assessment of an administrative penalty not to exceed two thousand five hundred dollars ($2,500). All penalties collected under this section shall be deposited in the State Corporations Fund.(b) The sanctions authorized under this section shall be separate from, and in addition to, all other administrative, civil, or criminal remedies.(c) If within 30 days from the receipt of the citation, the person cited fails to notify the department that the person intends to request a hearing as described in subdivision (d), the citation shall be deemed final.(d) Any hearing under this section 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.(e) After the exhaustion of the review procedures provided for in this section, the department may apply to the appropriate superior court for a judgment in the amount of the administrative penalty and order compelling the cited person to comply with the order of the department. The application shall include a certified copy of the final order of the department and shall constitute a sufficient showing to warrant the issuance of the judgment and order.(Added by Stats. 2002, Ch. 779, Sec. 7. Effective January 1, 2003.)
CA Fin Code § 12108 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 2 - Application of Division|Section 12108.

12108.  (a) The remedies available to the commissioner pursuant to this division are not exclusive and may be sought and employed in any combination deemed advisable by the commissioner to enforce the provisions of this division.(b) Any amounts collected by the commissioner in any action shall be paid into the State Corporations Fund.(Added by Stats. 2002, Ch. 779, Sec. 8. Effective January 1, 2003.)
CA Fin Code § 12200 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12200.

12200.  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.(Amended by Stats. 1983, Ch. 660, Sec. 8.)
CA Fin Code § 12200.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12200.2.

12200.2.  A license as a business agent or special prorater may be issued to an individual.(Added by Stats. 1959, Ch. 367.)
CA Fin Code § 12200.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12200.5.

12200.5.  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) A special proraters license shall be issued to a qualified applicant to engage in business as a business agent.(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. (Added by Stats. 1957, Ch. 498.)