reglab/housing_qa huggingface dataset:
CA Fin Code § 17213 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 2 - License and Bond|Section 17213.

17213.  (a) An escrow agent shall not transact business pursuant to this division under any other name than that set forth in the articles of incorporation as filed with the commissioner.(b) An escrow agent’s license is not transferable or assignable. Further, no license may be acquired, either in whole or in part, directly or indirectly, through stock purchase, foreclosure pursuant to a pledge or hypothecation, or other devices without the consent of the commissioner. Prior to the transfer of 10 percent or more of the shares of an escrow agent, the escrow agent shall file a new application for licensure as required by Section 17201. However, a new application for licensure shall not be required to be filed by the escrow agent if the transfer of 10 percent or more of the shares of the escrow agent will be made by an existing shareholder to another existing shareholder who also owns 10 percent or more of the shares of the escrow agent before the transfer.(Amended by Stats. 1998, Ch. 174, Sec. 1. Effective January 1, 1999.)
CA Fin Code § 17213.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 2 - License and Bond|Section 17213.1.

17213.1.  (a) An escrow agent’s business shall not be removed from the premises or address shown on the license without the prior approval of the commissioner, and notice of any intended change shall be transmitted to the commissioner not less than 30 days prior to the date of the intended change of location; provided, however, that the commissioner may waive the 30-day notice requirement when the move is occasioned by fire, emergency, or other catastrophe. The commissioner’s approval shall be granted or denied within 30 days from the date of the commissioner’s receipt of the licensee’s request containing such information as the commissioner may require.(b) When a licensed business is to be moved a distance of five or more miles, and a change in ownership results from a transfer of 50 percent or more of the shares of the corporation, a licensee shall file an application for authorization to change location on a form furnished by the commissioner and the commissioner shall: (1) treat the matter as an application for a new license by invoking the provisions of Sections 17209, 17209.1, 17209.2, and 17209.3, and (2) require the payment of such fees as are applicable under Section 17207. The provisions of this subdivision shall not apply when the actual or contemplated change of ownership is to the transferor’s ancestors, descendants, or spouse, or any custodian or trustee for the account of the transferor or the transferor’s ancestors, descendants, or spouse.(Amended by Stats. 1982, Ch. 663, Sec. 9.)
CA Fin Code § 17213.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 2 - License and Bond|Section 17213.2.

17213.2.  The commissioner may order a licensed escrow agent which opens a branch office or changes its business location or locations without first obtaining the approval of the commissioner to forfeit to the people of the state a sum of up to one hundred dollars ($100) for every day for the first 10 days and ten dollars ($10) for every day thereafter during which the branch office or changed location is maintained without authority.(Amended by Stats. 1990, Ch. 1186, Sec. 3.)
CA Fin Code § 17213.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 2 - License and Bond|Section 17213.5.

17213.5.  Licensees of this division shall be entitled to establish additional business office locations by compliance with all of the following:(a) Filing with the commissioner notice of the intended address, or addresses.(b) Payment of the fees prescribed in Section 17207.(c) Filing with the commissioner any additional bonds for the purposes set forth in Sections 17202 and 17203. In addition to the amount required by Section 17202, the amounts for additional office locations shall be five thousand dollars ($5,000) for each additional location. The aggregate amounts of all bonds given by a licensee under this section shall be for the purpose of complying with the conditions of Sections 17202 and 17203 regardless of the office location at which any act violating those conditions takes place, and upon payment of the aggregate amount, the surety is completely released from further liability under the bond or bonds. An escrow agent licensed prior to January 1, 1996, shall comply with the requirements of this subdivision at the time of the next renewal of its bond.(d) Filing with the commissioner financial statements prepared in accordance with generally accepted accounting principles. If the licensee’s fiscal year end is more than six months before the date of filing the application, the commissioner may require current financial statements which shall not be more than 60 days old. The interim financial statements may be unaudited.(e) Filing with the commissioner the names and addresses of the licensee’s owners and employees to be stationed at the new location, showing that the operation of the additional office, or offices, will be under the complete management and control of the parent licensee.(f) Filing with the commissioner statements offsetting and meeting each of the conditions set forth in Section 17209.3.With respect to all applications for authorization to establish additional locations, the commissioner shall promptly commence his or her investigation and review of the application.The commissioner shall within 30 days from the receipt by the commissioner of a separate and complete application, license the designated premises as a branch of the parent licensee, unless the commissioner finds (1) that the applicant has failed to comply with all of the requirements of this section, (2) that the applicant then fails to meet any of the standards applicable for the issuance of a license pursuant to Section 17209.3, or (3) that a hearing shall be held to determine whether the application should be granted or denied.(Amended by Stats. 1995, Ch. 226, Sec. 1. Effective January 1, 1996.)
CA Fin Code § 17214 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 2 - License and Bond|Section 17214.

17214.  (a) There is established in the Department of Business Oversight an Escrow Law Advisory Committee consisting of 11 members. The members shall consist of the commissioner or his or her designee; the chairman of the board and the immediate past chairman of the board for the Escrow Agents’ Fidelity Corporation; the current chairman of the board and the immediate past chairman of the board for the Escrow Institute of California; a person selected by the commissioner to represent a different type of business ownership under this division; a person selected by the commissioner to represent a different type of business specialization; a person selected by the commissioner to represent small businesses operating pursuant to this division; a person selected by the commissioner to represent medium-sized businesses operating pursuant to this division; an attorney at law experienced in escrow matters selected by the commissioner; and a certified public accountant experienced in the escrow business selected by the commissioner.Except for the members from the Escrow Agents’ Fidelity Corporation and the Escrow Institute of California, members appointed by the commissioner shall serve for a term of two years.The committee shall meet at least quarterly. The commissioner or his or her designee shall chair the committee. All members shall serve without compensation or reimbursement for expenses.Where the chairman of the board or the immediate past chairman of the board of the Escrow Agents’ Fidelity Corporation is the same person, or is unable to serve on the advisory committee, then the commissioner, after consultation with the board of directors of the Escrow Agents’ Fidelity Corporation, shall choose a member of the board of directors to serve on the committee. Where the president or past president of the Escrow Institute of California is the same person, or is unable to serve on the advisory committee, then the commissioner, after consultation with the board of directors of the Escrow Institute of California, shall choose a member of the board of directors to serve on the committee.(b) The purpose of the committee is to assist the commissioner in the implementation of the commissioner’s duties under this chapter.(Amended by Stats. 2015, Ch. 190, Sec. 38. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 17215 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 2 - License and Bond|Section 17215.

17215.  Whenever the commissioner issues a license or order under this division, the commissioner may impose conditions that are necessary and appropriate to carry out the provisions and purposes of this division and, with respect to Internet escrow agents, are also consistent with the intent of the Legislature.(Added by Stats. 1999, Ch. 441, Sec. 7. Effective January 1, 2000.)
CA Fin Code § 17400 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17400.

17400.  The commissioner may from time to time make, amend, and rescind the rules, forms, and orders that are necessary to carry out the provisions of this division, and define any terms, whether or not used in this division, insofar as the definitions are not inconsistent with the provisions of this division. For the purpose of rules and forms, the commissioner may, among other things, classify persons and matters within the commissioner’s jurisdiction and may prescribe different requirements for different classes. The commissioner may, in the commissioner’s discretion, waive any requirement of any rule or form in situations where in his or her opinion the requirement is not necessary in the public interest or for the protection of the public.(Amended by Stats. 1999, Ch. 441, Sec. 8. Effective January 1, 2000.)
CA Fin Code § 17402 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17402.

17402.  No person subject to this division or any officer thereof shall advertise in any manner or publish any statement of its capital, other than amounts fully paid in and accumulated surplus.(Amended by Stats. 1961, Ch. 475.)
CA Fin Code § 17403 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17403.

17403.  (a) No person subject to this division shall issue, circulate, or publish any advertisement by any means of communication, or make use of or circulate any letterheads, billheads, blank notes, blank receipts, blank escrow instructions, certificates, circulars, or any written, printed, partially written or printed paper containing any fictitious or corporate name or other words indicating that the person is in the escrow business, unless the person is a licensed escrow agent.(b) If, in the opinion of the commissioner, any person has violated this section, the commissioner may order that person to desist and refrain from that violation. If, within 30 days after the order is served, a request for hearing is filed in writing and the hearing is not held within 60 days thereafter, the order is rescinded.(Amended by Stats. 1987, Ch. 564, Sec. 1.)
CA Fin Code § 17403.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17403.1.

17403.1.  No person subject to this division shall describe as an escrow, whether orally, in writing, or electronically, any transaction that is not defined as such in Section 17003.(Amended by Stats. 1999, Ch. 441, Sec. 10. Effective January 1, 2000.)
CA Fin Code § 17403.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17403.2.

17403.2.  (a) No person subject to this division shall solicit or accept an escrow instruction or amended or supplemental escrow instruction containing any blank to be filled in after signing or initialing of the escrow instruction or amended or supplemental escrow instruction, nor permit any person to make any addition to, deletion from, or alteration of an escrow instruction or amended or supplemental escrow instruction, unless the addition, deletion or alteration is signed or initialed by all persons who had signed or initialed the escrow instruction or amended or supplemental escrow instruction prior to the addition, deletion or alteration.(b) In addition to subdivision (a), no Internet escrow agent subject to this division shall solicit or accept electronically over the Internet an escrow instruction or amended or supplemental escrow instruction containing any blank to be filled in after executing that escrow instruction or amended or supplemental escrow instruction, nor permit any person to electronically, over the Internet, make any addition to, deletion from, or alteration of an escrow instruction or amended or supplemental escrow instruction, unless that addition, deletion or alteration is executed by all persons who had executed the escrow instruction or amended or supplemental escrow instruction prior to the addition, deletion, or alteration.(Amended by Stats. 1999, Ch. 441, Sec. 11. Effective January 1, 2000.)
CA Fin Code § 17403.3 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17403.3.

17403.3.  (a) At the time of execution a copy of each escrow instruction or amended or supplemental escrow instruction shall be delivered to all persons executing the same.(b) Internet escrow agents shall deliver electronically over the Internet a copy of each executed escrow instruction or amended or supplemental escrow instruction to all persons executing the same. In the event a person is not able to electronically receive the instructions, the Internet escrow agent shall mail a true and correct copy of the instructions to the person within 24 hours of execution.(Amended by Stats. 1999, Ch. 441, Sec. 12. Effective January 1, 2000.)
CA Fin Code § 17403.4 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17403.4.

17403.4.  All written escrow instructions and all escrow instructions transmitted electronically over the Internet executed by a buyer or seller, whether prepared by a person subject to this division or by a person exempt from this division under Section 17006, shall contain a statement in not less than 10-point type which shall include the license name and the name of the department issuing the license or authority under which the person is operating. This section shall not apply to supplemental escrow instructions or modifications to escrow instructions.This section shall become operative on July 1, 1993.(Amended by Stats. 1999, Ch. 441, Sec. 13. Effective January 1, 2000.)
CA Fin Code § 17403.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17403.5.

17403.5.  (a) All records required by this chapter may be retained by an Internet escrow agent and provided to the commissioner in electronic format.(b) All transfers by an Internet escrow agent between trust accounts and interest-bearing accounts, and between escrow accounts, may be made electronically.(c) A statement of account may be delivered by an Internet escrow agent to a customer by electronic mail or via the Internet, unless otherwise requested by the customer.(Added by Stats. 2000, Ch. 437, Sec. 5. Effective January 1, 2001.)
CA Fin Code § 17404 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17404.

17404.  Every person subject to this division shall keep and use in its business, books, accounts, and records which will properly enable the commissioner to determine whether the escrow functions performed by such person comply with the provisions of this division and with all rules made by the commissioner under this division.(Amended by Stats. 1973, Ch. 705.)
CA Fin Code § 17405 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17405.

17405.  (a) The business, accounts and records of every person performing as an escrow agent, whether required to be licensed under this division or not, are subject to inspection and examination by the commissioner at any time without prior notice. The provisions of this section shall not apply to persons specified in Section 17006.(b) Any person subject to this division shall, upon request, exhibit and allow inspection and copying of any books and records by the commissioner or his or her authorized representative.(c) (1) The commissioner shall conduct an examination of each licensed escrow agent as described in subdivision (a) as often as the commissioner deems necessary and appropriate, but not less than once every 48 months.(2) The examination shall be conducted for the 12-month period immediately preceding the date that the examination is commenced unless the commissioner finds, based on information uncovered in the examination or in the most recent independent audit report, that the examination should be extended beyond the 12-month period.(3) In determining how often an examination shall be conducted, the commissioner may consider each licensed escrow agent’s compliance with the requirements set forth in this division and other factors the commissioner may by rule or order designate.(4) This subdivision shall apply only to examinations commenced after the effective date established by the rule or order of the commissioner for the factors described in paragraph (3).(d) Notwithstanding subdivision (c), the commissioner may conduct an indoctrination or preliminary examination, or both, under this section of any new licensee within one year of the issuance of the license under this division, and an examination described in subdivision (a) within two years of the issuance of the license under this division.(Amended by Stats. 2001, Ch. 499, Sec. 3. Effective January 1, 2002.)
CA Fin Code § 17405.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17405.1.

17405.1.  The cost of every inspection and 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 inspection or examination, the commissioner may use the estimated average hourly cost for all persons performing inspections or 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. 3.)
CA Fin Code § 17406.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17406.1.

17406.1.  (a) Whenever the reports and financial statements required pursuant to subdivision (a), (b), or (c) of Section 17406 are to be reported upon or certified by an accountant other than the accountant reporting upon or certifying the licensee’s most recent reports or financial statements, the licensee shall furnish the commissioner with a written notice stating whether there was any disagreement with the former accountant on any matter in connection with the preparation of the most recent reports or financial statements reported upon or certified by that former accountant. If there was any disagreement, the licensee’s written notice shall describe the reasons for the disagreement. The written notice shall be signed by the chief executive officer of the licensee. The licensee shall also request, in writing, that the former accountant furnish the licensee with a letter addressed to the commissioner stating whether the former accountant agrees with the statements contained in the licensee’s written notice. If the former accountant disagrees with any of the licensee’s statements, the former accountant’s letter shall explain the reasons for disagreeing with the licensee’s statements. The written notice of the licensee, along with the former accountant’s letter shall be filed with the commissioner no later than 30 days from the date of engagement of the new accountant.(b) The written notice of the licensee required by subdivision (a) shall be considered a notice for purposes of Section 17702.(Added by Stats. 1994, Ch. 496, Sec. 3. Effective January 1, 1995.)
CA Fin Code § 17408 (2021)
2021 California Code|Financial Code - FIN|DIVISION 6 - ESCROW AGENTS|CHAPTER 3 - Escrow Regulations|Section 17408.

17408.  (a) If any person subject to this division fails to make any report required by law or by the commissioner, the commissioner may immediately cause the books, records, papers, and affairs of said person to be thoroughly examined.(b) The commissioner may impose, by order, a penalty on any person who fails, within the time specified in any written demand of the commissioner, (1) to make and file with the commissioner any report required by law or requested by the commissioner, or (2) to furnish any material information required by the commissioner to be included in the report. The amount of the penalty may not exceed one hundred dollars ($100) for each day for the first five days the report or information is overdue, and thereafter may not exceed five hundred dollars ($500) for each day the report or information is overdue.(c) If, after an order has been made under subdivision (b), a request for 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 the powers granted under that chapter.(d) If the person fails to file a written request for a hearing within 30 days of the date of service of the order, the order imposing the penalty shall be deemed a final order of the commissioner, and the penalty shall be paid within five business days.(e) If a hearing is requested, the penalty shall be paid within five business days after the effective date of any decision in the case ordering payment to be made.(Amended by Stats. 2005, Ch. 257, second Sec. 2. Effective January 1, 2006.)