reglab/housing_qa huggingface dataset:
CA Fin Code § 12201 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12201.

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) 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) For purposes of this section, the following terms have the following meanings:(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) An application, amendment, supplement, and exhibit, filed for any license, consent, or other authority.(B) A financial statement, report, or advertising.(C) An order, license, consent, or other authority.(D) A notice of public hearing, accusation, and statement of issues in connection with any application, license, consent, or other authority.(E) A proposed decision of a hearing officer and a decision of the commissioner.(F) The transcripts of a hearing.(G) A release, newsletter, interpretive opinion, determination, or specific ruling.(H) Correspondence between a party and the commissioner directly relating to any document listed in subparagraphs (A) to (G), inclusive.(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) The Legislature finds and declares that the Department of Business Oversight 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.(Amended by Stats. 2015, Ch. 303, Sec. 154. (AB 731) Effective January 1, 2016.)
CA Fin Code § 12202 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12202.

12202.  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.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12203 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12203.

12203.  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.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12204 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12204.

12204.  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.(Amended by Stats. 1953, Ch. 807.)
CA Fin Code § 12205 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12205.

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) 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) 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) 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.(Amended by Stats. 1992, Ch. 869, Sec. 3. Effective January 1, 1993.)
CA Fin Code § 12206 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12206.

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) 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.(Amended by Stats. 1992, Ch. 869, Sec. 4. Effective January 1, 1993.)
CA Fin Code § 12207 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12207.

12207.  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.(Amended by Stats. 1982, Ch. 517, Sec. 212.)
CA Fin Code § 12208 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12208.

12208.  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.(Amended by Stats. 1957, Ch. 186.)
CA Fin Code § 12209 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12209.

12209.  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.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12212 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12212.

12212.  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.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12213 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12213.

12213.  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.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12214 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12214.

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) (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) 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) 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) 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.(Amended by Stats. 1980, Ch. 497, Sec. 2.)
CA Fin Code § 12216 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12216.

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) 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) 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) Any other factors and circumstances bearing on the applicant or any proposed facility that in the opinion of the commissioner may be relevant.(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.(Amended by Stats. 1992, Ch. 869, Sec. 5. Effective January 1, 1993.)
CA Fin Code § 12217 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12217.

12217.  Each license shall state the following:(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) The address at which such business is to be conducted.(c) The type of business licensed.(Amended by Stats. 1953, Ch. 642.)
CA Fin Code § 12218 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12218.

12218.  The license shall be kept conspicuously posted in the principal place of business of the licensee.(Amended by Stats. 1955, Ch. 339.)
CA Fin Code § 12219 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12219.

12219.  The license is not transferable or assignable.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12220 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12220.

12220.  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.(Repealed and added by Stats. 1968, Ch. 869.)
CA Fin Code § 12221 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12221.

12221.  Upon reasonable notice and opportunity to be heard, the commissioner may deny the application for the license for any of the following reasons:(a) A false statement of a material fact has been made in the application for license.(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) 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) The applicant has not complied with all the applicable provisions of this division.(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) The plan of business does not demonstrate that the proposed business will have a reasonable chance for a successful operation.(g) The proposed business is being formed for a purpose other than the legitimate objectives contemplated by this division.(h) The proposed capital structure is inadequate.(Amended by Stats. 2003, Ch. 473, Sec. 15. Effective January 1, 2004.)
CA Fin Code § 12223 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12223.

12223.  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.(Amended by Stats. 1982, Ch. 517, Sec. 215.)
CA Fin Code § 12225 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 3 - Licensing|Section 12225.

12225.  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).(Added by Stats. 1955, Ch. 339.)
CA Fin Code § 12300 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12300.

12300.  The commissioner may make general rules and regulations and specific rulings, demands, and findings for the enforcement of this division.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12300.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12300.1.

12300.1.  Licensees shall observe reasonable precautions against theft or alteration of checks, drafts or money orders, and against burglary or holdup.(Added by Stats. 1963, Ch. 1817.)
CA Fin Code § 12300.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12300.2.

12300.2.  Every person engaging in the business of a check seller shall conduct the business under his or her true name unless he or she has complied with Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code.(Amended by Stats. 1983, Ch. 660, Sec. 9.)
CA Fin Code § 12300.4 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12300.4.

12300.4.  Prior to such separation and transmittal to the licensee or deposit by its agent such funds received by said agent may be used by said agent for the sole purpose only of the making of change or cashing of checks in the normal course of its business. All such funds received by said agent to the date of deposit or transmittal as required below or an amount equal to such funds must be separated from those of the agent and transmitted to, or deposited in the trust account of, the licensee not less than every third business day. If an agent owns or operates, either directly or indirectly, more than two locations for the sale of checks, drafts, money orders, or other commercial paper serving the same purpose and/or for the receipt of money for the purpose of paying bills, invoices or accounts of an obligor, and handles trust funds in any three-day period equal to or in excess of securities to be deposited as provided in Section 12223, said agent shall transmit to, or deposit in the trust account of, the licensee directly from each such location of such agent such funds not later than the end of the next business day following receipt; such funds to be in form of cash or checks cashed in the normal course of business only.Where the total amount of such funds held by an agent does not exceed one thousand dollars ($1,000) in a calendar week, the commissioner may, in his discretion, by written order permit the agent to transmit or deposit such funds in periods in excess of 3 days but not more than 10 days.If, after reasonable notice from licensee, an agent shall fail to transmit or deposit the funds, or an amount equal thereto, or to report to the licensee, as herein provided without just cause, or if an agent shall use any of such funds, directly or indirectly, for any purpose other than is permitted herein, licensee shall immediately terminate such agency and within five (5) days thereafter notify the commissioner in writing of the reason for such termination, setting forth the name and address of the agency location. No agent so terminated shall be permitted to become an agent of the licensee or any other licensee except as provided in Section 12301.4 of the Financial Code.(Added by Stats. 1963, Ch. 1817.)
CA Fin Code § 12300.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12300.5.

12300.5.  An amount equal to all such funds received by a licensee shall be separated from the funds of the licensee and deposited in its trust account not later than the end of the next business day following receipt by such licensee. All such funds shall thereafter remain in such trust account and may be used for no purpose other than paying bills of said persons, or paying checks, drafts, money orders, or other commercial paper sold by the licensee except as otherwise provided in Section 12300.6.(Added by Stats. 1963, Ch. 1817.)