reglab/housing_qa huggingface dataset:
CA Fin Code § 12300.6 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12300.6.

12300.6.  Prior to separation and deposit by the licensee such funds may only be used by the licensee for the making of change or the cashing of checks in the normal course of its business, and then only to the extent of the amount of the bond which has been filed under Section 12206.After separation and deposit such funds also may be used by a licensee for the cashing of checks in the normal course of its business, and then only to the extent of the amount of the bond which has been filed with the commissioner containing the provisions and conditions set forth in Sections 12207 through 12213, inclusive, of this code.(Added by Stats. 1963, Ch. 1817.)
CA Fin Code § 12301 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12301.

12301.  A licensee may establish branch offices or agencies if it is qualified under the provisions of Section 12205 and if it expressly assumes responsibility for the acts of any person selling checks, drafts, or money orders for the licensee or accepting money in its name or on its behalf at such place of business. There shall be posted in a prominent place in each branch office or agency a sign stating that the place of business is a branch office or agency of the licensee. The licensee is responsible for the acts of any person selling checks, drafts, or money orders or accepting money in its name or on its behalf.(Amended by Stats. 1983, Ch. 660, Sec. 10.)
CA Fin Code § 12301.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12301.1.

12301.1.  A licensee within 10 days after establishing a mobile unit, a branch office or agency location shall notify the commissioner in writing and shall furnish the commissioner with the name and address of each such branch office or agency location and the California state registration number or other identification of the mobile unit and the area in which it proposes to operate such mobile unit and such other information as the commissioner may require so that he may be continuously advised of every location at which checks, drafts, or money orders of the licensee are being sold or issued. Within five days after the termination of a mobile unit, a branch office or agency location a licensee shall inform the commissioner of the name and address of the branch office or agency location terminated and the California state registration number or other identification of the mobile unit terminated, together with a statement of the reasons for the termination.(Amended by Stats. 1963, Ch. 1817.)
CA Fin Code § 12301.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12301.2.

12301.2.  A check, draft, or money order sold by a licensee shall be drawn on an account of a licensee maintained at a bank authorized to do business in the State of California.(Added by Stats. 1953, Ch. 632.)
CA Fin Code § 12301.3 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12301.3.

12301.3.  A licensee shall not permit any officer, employee, or agent to sell any check, draft, or money order unless the signature of the person signing the same is on file with the bank on which the check, draft, or money order is drawn or the licensee shall have filed with the bank and the commissioner written authorization to said bank to pay any checks, drafts, or money orders presented for payment on a form of the licensee as described in the authorization except as to items as to which licensee has filed a stop payment notice with said bank.(Added by Stats. 1953, Ch. 632.)
CA Fin Code § 12301.4 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12301.4.

12301.4.  A licensee shall terminate and cancel any agency immediately upon instruction from the commissioner and when it has been established (a) that the agent has refused to permit the examination of its books, accounts, records, and files; (b) that an examination has revealed a shortage in its accounts relating to the sale of checks; (c) that the agent after specific instruction to do so has failed to remit to the licensee or deposit in its trust account within the time specified in Section 12300.4 funds received from the sale of checks, drafts, money orders, or other commercial paper serving the same purpose or funds received for the purpose of paying bills, invoices, or accounts of an obligor; (d) that the agency has violated any provision of this chapter. No agency terminated and canceled by a licensee pursuant to or for the reasons set forth in this section shall be re-established by said licensee or established by any other licensee until after the written consent of the commissioner is given to the establishment or re-establishment of such agency. If the licensee or the agent requests a hearing with respect to such termination, the commissioner shall thereupon hold a hearing within 10 days after receiving such request. If the commissioner finds that the violations were purely technical and do not substantially affect the agent’s ability to perform his duties as such agent, or if the commissioner finds that such violations did not occur, the commissioner shall issue an order vacating his said notice to the licensee.(Added by Stats. 1963, Ch. 1817.)
CA Fin Code § 12301.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12301.5.

12301.5.  No agent of a licensee shall issue or cause to be issued any check, draft, or money order, or other commercial paper serving the same purpose which is drawn upon the trust account of a licensee without concurrently receiving in full, in cash, or by check, draft, or money order from a third party believed to be valid, the principal amount thereof.(Added by Stats. 1963, Ch. 1817.)
CA Fin Code § 12302 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12302.

12302.  Whenever a licensee desires to change his place of business to a street address other than that designated in his license or desires to change the place or area of doing business in the case of a mobile unit, he shall give written notice to the commissioner of the desired change.(Amended by Stats. 1953, Ch. 807.)
CA Fin Code § 12303 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12303.

12303.  Every licensee shall keep and use in his business books, accounts and records in accordance with good accounting practice and which will enable the commissioner to determine whether such licensee has violated the provisions of this division or the rules and regulations made by the commissioner. Every licensee shall preserve such books, accounts and records for at least four years after making the final entry on each transaction recorded therein. Such books, accounts and records shall be kept current, shall be maintained at the main office of the licensee and shall be available for inspection by the commissioner on demand during regular business hours.Nothing in this section shall be construed to require any licensee to keep an individual record of each individual fee charged in each transaction but the licensee shall be required to keep a record of the total charges made for any accounting period.(Amended by Stats. 1955, Ch. 339.)
CA Fin Code § 12305 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12305.

12305.  For the purpose of discovering violations of this division the commissioner may at any time investigate the business and examine the books, accounts, records, and files used therein, of any licensee, of any agent, and of any person who the commissioner has reason to believe is engaging in the business defined in this division.(Amended by Stats. 1963, Ch. 1817.)
CA Fin Code § 12306 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12306.

12306.  The cost of every examination of a licensee or other person subject to this division shall be paid to the commissioner by the licensee or person examined, and the commissioner may maintain an action for the recovery of these costs in any court of competent jurisdiction. In determining the cost of an examination, the commissioner may use the estimated average hourly cost for all persons performing examinations of licensees or other persons subject to this division for the fiscal year. For the purposes of this section only, no person other than a licensee shall be deemed to be a person subject to this division unless and until the person is determined to be a person subject to this division by an administrative hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or by a judicial hearing in any court of competent jurisdiction.(Amended by Stats. 1981, Ch. 946, Sec. 1.)
CA Fin Code § 12307 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12307.

12307.  The commissioner may require the attendance of witnesses and examine under oath all persons whose testimony he requires relative to any examination or investigation.(Enacted by Stats. 1951, Ch. 364.)
CA Fin Code § 12307.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12307.1.

12307.1.  The commissioner may commence and prosecute actions and proceedings to enjoin violations of this division or violations of orders or decisions of the commissioner rendered pursuant to this division, and for the enforcement of any and all civil penalties provided for by this division.(Added by Stats. 1953, Ch. 1031.)
CA Fin Code § 12307.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12307.2.

12307.2.  If the commissioner finds as a result of an examination or report that a licensee is insolvent or conducting business in such an unsafe or injurious manner as to render its further operations hazardous to the public, he may forthwith by an order addressed to and served on the licensee by registered mail and on any other person having funds of the licensee or its customers in his possession, direct discontinuance of the disbursement of such funds and the further conduct of business by the licensee. The order shall be conditioned to remain in effect unless the commissioner fails to hold a hearing within 15 days after receipt of a written request by the licensee, until set aside by the commissioner in whole or in part, until the licensee is the subject of an order for relief in bankruptcy, or pursuant to a petition filed by the commissioner or other interested person a receiver has been appointed by a court of competent jurisdiction.(Amended by Stats. 2009, Ch. 500, Sec. 37. (AB 1059) Effective January 1, 2010.)
CA Fin Code § 12307.3 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12307.3.

12307.3.  Whenever as a result of an examination or report it appears to the commissioner that:(a) The capital of any licensee is impaired;(b) Any licensee is conducting its business in such an unsafe or injurious manner as to render its further operations hazardous to the public;(c) Any licensee has suspended payment of its trust obligations;(d) Any licensee has refused to submit its books, papers, and affairs to the inspection of an examiner of the Division of Corporations;(e) Any officer of any licensee refuses to be examined under oath touching the concerns of such licensee;(f) Any licensee neglects or refuses to comply with any order of the commissioner made pursuant to this division unless the enforcement of such order is restrained in a proceeding brought by such licensee; the commissioner may forthwith take possession of the property and business of such licensee and retain possession until such licensee resumes business or its affairs be finally liquidated as herein provided. Such licensee, with the consent of the commissioner, may resume business upon such terms as he may prescribe.(Added by Stats. 1963, Ch. 1817.)
CA Fin Code § 12307.4 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12307.4.

12307.4.  Whenever the commissioner has taken possession of the property and business of a licensee the commissioner may petition the superior court for the appointment of a receiver to liquidate the affairs of the licensee. During the time that the commissioner retains possession of the property and business of a licensee the commissioner shall have the same powers and authority with reference to the licensee as are vested in the Commissioner of Financial Institutions with respect to banks pursuant to Chapter 17 (commencing with Section 3100) of Division 1 and the licensee shall likewise have the same rights to hearings and judicial review as are granted to banks. While in possession of the property and business of a check seller, a receiver shall have the same powers and authority as are vested in the Commissioner of Financial Institutions while in possession of the property and business of a bank.(Amended by Stats. 2000, Ch. 1015, Sec. 50. Effective September 30, 2000.)
CA Fin Code § 12307.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12307.5.

12307.5.  (a) For any licensee, a disciplinary action taken by the State of California, another state, an agency of the federal government, or another country for an action substantially related to the activity regulated under this division may be grounds for disciplinary action by the commissioner. A certified copy of the record of the disciplinary action taken against the licensee by the State of California, other state, agency of the federal government, or other country shall be conclusive evidence of the events related therein.(b) Nothing in this section shall preclude the commissioner from applying a specific statutory provision in this division providing for discipline against a licensee as a result of disciplinary action taken against a licensee by the State of California, another state, an agency of the federal government, or another country.(Added by Stats. 2003, Ch. 473, Sec. 16. Effective January 1, 2004.)
CA Fin Code § 12309 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12309.

12309.  (a) A schedule of the fees charged by a licensee shall be posted in a conspicuous place in the place of business of the licensee and its agents. A licensee and its agents shall not charge fees in excess of the posted fees.(b) Each licensee and its agents shall prominently post on the premises of each office of the licensee and on the premises of each agent, a notice clearly stating that checks or money orders issued by the licensee or its agents are not insured by the federal government, the state government, or any other public or private entity. This notice shall be printed in English and in the same language principally used by the licensee or any agent of the licensee to advertise, solicit, or negotiate, either orally or in writing, with respect to the purchase of checks or money orders. The information required in this notice shall be clear, legible, and in letters not less than one-half inch in height. The notice shall be posted in a conspicuous location in the unobstructed view of the public within the premises. In those locations operated by an agent of the licensee, the agent, and not the licensee, shall be responsible for the failure to properly post the required notice.(Amended by Stats. 1992, Ch. 869, Sec. 8. Effective January 1, 1993.)
CA Fin Code § 12310 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12310.

12310.  A licensee under this division shall not sell checks payable to bearer, to cash, or to the purchaser, but a licensee may sell a check in which the name of the payee is not designated in any way if the check does not exceed one hundred fifty dollars ($150) in amount.(Amended by Stats. 1955, Ch. 774.)
CA Fin Code § 12311 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12311.

12311.  No licensee shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner whatsoever, any statement or representation which is false, misleading, or deceptive, or which omits to state material information, or which refers to the supervision of such licensee by the State of California or any department or official thereof. The commissioner may order any licensee to desist from any conduct which he shall find to be a violation of the foregoing provisions.(Added by Stats. 1951, Ch. 257.)
CA Fin Code § 12312 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12312.

12312.  An agreement between one licensed to engage in the business of selling checks, drafts, money orders, or other commercial paper serving the same purpose, and one undertaking to act in that business as an agent of the licensee, shall be in writing.Such a licensee shall not pay such an agent any compensation as consideration for becoming an agent, other than that specified in their written agency agreement, in any manner, directly or indirectly, or by any method, practice or device whatsoever.The commissioner may order any licensee to desist from any conduct which the commissioner shall find to be a violation of the foregoing provisions of this section.(Amended by Stats. 1983, Ch. 660, Sec. 11.)
CA Fin Code § 12313.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12313.5.

12313.5.  Nothing in this chapter shall be construed as authorizing the examination, inspection or auditing of the books and records of any client of a business agent while such books and records are in the possession of the business agent without the express consent of the client.(Added by Stats. 1957, Ch. 498.)
CA Fin Code § 12314 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12314.

12314.  The total charges received by a prorater, or any other person for the prorater’s services, may not exceed in the aggregate twelve percent (12%) for the first three thousand dollars ($3,000), eleven percent (11%) for the next two thousand dollars ($2,000), and ten percent (10%) for any of the remaining payments distributed by a prorater to the creditors of a debtor, except for payments made on recurrent obligations. Recurring obligations shall be defined for the purpose of this section as follows: current rent payments, current utility payments, current telephone bills, current alimony payments, current monthly insurance premium payments, and payments made on obligations which are secured by a first mortgage or first deed of trust on real property.(a) Notwithstanding the provisions of Section 12315, upon compliance with the provisions of Sections 12315.1, and 12320, an origination fee of a sum not to exceed fifty dollars ($50) may be charged;(b) A fee not to exceed four dollars ($4) per disbursement on recurring obligations, consisting of current rent payments or obligations which are secured by a first mortgage or first trust deed on real property, may be charged.(c) A fee not to exceed one dollar ($1) on other recurring obligations.When a debtor has not canceled or defaulted on the performance of his contract with the prorater within 12 months after execution of the prorate contract, the prorater shall refund any origination fee charged to the debtor. At least once each month the prorater shall pay not less than 70 percent of all funds received from the debtor to the creditors of the debtor.(Amended by Stats. 1972, Ch. 999.)
CA Fin Code § 12314.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12314.1.

12314.1.  A cancellation fee or termination penalty may not be charged to a debtor.(Added by Stats. 1972, Ch. 999.)
CA Fin Code § 12315 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12315.

12315.  A prorater shall not receive any fee unless he has the consent of at least 51 percent of the total amount of indebtedness and of the number of creditors listed in the prorater’s contract with the debtor, or such like number of creditors have accepted a distribution of payment.(Added by Stats. 1957, Ch. 498.)
CA Fin Code § 12315.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12315.1.

12315.1.  A prorater shall notify, in writing, all creditors listed in the prorate contract of the debtors desire to engage the services of the prorater within five days of the effective date of the contract as defined in Section 12320. The notification shall include a notice as to the proposed monthly payment to be made to the creditor. Every contract between a prorater and a debtor shall list every debt to be prorated with the creditor’s name, and disclose the total of all such debts.(Added by Stats. 1972, Ch. 999.)
CA Fin Code § 12316 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12316.

12316.  If a prorater contracts for, receives or makes any charge in excess of the maximum permitted by this division, except as the result of an accidental and bona fide error, the prorater’s contract with the debtor shall be void and the prorater shall return to the debtor all charges received from the debtor.(Added by Stats. 1957, Ch. 498.)
CA Fin Code § 12317 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12317.

12317.  A prorater shall not purchase from a creditor any obligation of a debtor.(Added by Stats. 1957, Ch. 498.)
CA Fin Code § 12318 (2021)
2021 California Code|Financial Code - FIN|DIVISION 3 - CHECK SELLERS, BILL PAYERS, AND PRORATERS|CHAPTER 4 - Licensee Regulations|Section 12318.

12318.  A prorater shall not take:(a) Any contract, promise to pay, or other instrument which has any blank spaces when signed by a debtor;(b) Any negotiable instrument for the prorater’s charges;(c) Any note, wage assignment, real estate or chattel mortgage, or other security to secure the prorater’s charges;(d) Any confession of judgment or power of attorney to confess judgment against the debtor or to appear for the debtor in a judicial proceeding.(e) Concurrent with the signing of the contract or as part of the contract or as part of the application for the contract a release of any obligation to be performed on the part of the prorater.(Added by Stats. 1957, Ch. 498.)