reglab/statecodes huggingface dataset:
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 4 - California Industrial Loan Company as Principal › Section 18697.

18697. This article does not apply to a California industrial loan company’s having an insured depository institution engage in authorized agency activities as its agent in any case other than a case where, but for Section 18695, an office of the insured depository institution affiliate would for regulatory purposes be considered to be an office of the California industrial loan company.
(Amended by Stats. 1996, Ch. 887, Sec. 66. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 5 - California Industrial Loan Company as Agent › Section 18700.

18700. Notwithstanding the provisions of Sections 18147 and 18165, a California industrial loan company may, with the prior approval of the commissioner and subject to any rules that the commissioner may prescribe, engage in authorized agency activities as agent for an insured depository institution.
(Amended by Stats. 1996, Ch. 887, Sec. 67. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 5 - California Industrial Loan Company as Agent › Section 18701.

18701. An application by a California industrial loan company for approval to engage in authorized agency activities as agent for an insured depository institution shall be in the form, shall contain the information, shall be signed in the manner, and shall, if the commissioner requires by rule or order, be verified in the manner that the commissioner may, by rule or order, require.
(Amended by Stats. 1996, Ch. 887, Sec. 68. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 5 - California Industrial Loan Company as Agent › Section 18702.

18702. An application by a California industrial loan company for approval to engage in authorized agency activities as agent for an insured depository institution shall be accompanied by a filing fee of two hundred fifty dollars ($250).
(Amended by Stats. 1996, Ch. 887, Sec. 69. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 5 - California Industrial Loan Company as Agent › Section 18703.

18703. In determining whether to approve or deny an application by a California industrial loan company for approval to engage in authorized agency activities as agent for an insured depository institution, the commissioner shall consider both of the following factors:
(a) Whether the proposed agency arrangement is consistent with the safe and sound operation of the California industrial loan company.
(b) Any other factors that the commissioner deems relevant.
(Amended by Stats. 1996, Ch. 887, Sec. 70. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 5 - California Industrial Loan Company as Agent › Section 18704.

18704. No California industrial loan company may conduct any activity as an agent for an insured depository institution that the California industrial loan company would be prohibited from conducting as a principal.
(Amended by Stats. 1996, Ch. 887, Sec. 71. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 5 - California Industrial Loan Company as Agent › Section 18705.

18705. (a) No office of a California industrial loan company that conducts authorized agency activities as agent for an insured depository institution in accordance with this article shall, on that account, be deemed to be an office of the insured depository institution.
(b) For purposes of this division, no insured depository institution that has a California industrial loan company engaged in authorized agency activities as its agent shall on that account be deemed to be transacting business in this state.
(Amended by Stats. 1996, Ch. 887, Sec. 72. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 5 - California Industrial Loan Company as Agent › Section 18706.

18706. If the commissioner finds that any activities performed by a California industrial loan company as agent for an insured depository institution are not authorized agency activities or that the agency arrangement is inconsistent with safe and sound practices, the commissioner may order the California industrial loan company to terminate the agency arrangement.
(Amended by Stats. 1996, Ch. 887, Sec. 73. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 7 - INDUSTRIAL LOAN COMPANIES › CHAPTER 10 - Foreign (Other State) Industrial Loan Companies: Agency Activities › ARTICLE 5 - California Industrial Loan Company as Agent › Section 18707.

18707. This article does not apply to a California industrial loan company’s engaging in authorized agency activities as agent for an insured depository institution in any case other than a case where, but for Section 18705, an office of the California industrial loan company would for regulatory purposes be considered to be an office of the insured depository institution.
(Amended by Stats. 1996, Ch. 887, Sec. 74. Effective September 25, 1996.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 21000.

21000. Every person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan is a pawnbroker within the meaning of this division.
(Amended by Stats. 1996, Ch. 923, Sec. 7. Effective January 1, 1997.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 21001.

21001. “Compensation” includes expenses, interest, disbursements, storage charges, and all other charges of any nature in connection with a loan or forbearance.
(Enacted by Stats. 1951, Ch. 364.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 21002.

21002. (a) As used in this division, “pledged property” is property held as security for a loan, the title to which remains with the pledgor and has not passed to the pawnbroker pursuant to Section 21201.
(b) “Vested property” is property the title to which has been transferred from the pledgor to the pawnbroker pursuant to Section 21201. Vested property is not pledged property.
(Added by Stats. 1983, Ch. 1128, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 21003.

21003. For purposes of this division, the term “month” means a period of time consisting of 30 consecutive calendar days.
(Added by Stats. 2011, Ch. 318, Sec. 1. (AB 424) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 1 - General Provisions › ARTICLE 2 - Exceptions to This Division › Section 21050.

21050. This division does not apply to any of the following:
(a) Any corporation organized for the purpose of securing credit from any federal intermediate credit bank organized and existing pursuant to the provisions of an act of Congress entitled “Agricultural Credits Act of 1923.”
(b) Any nonprofit cooperative corporation or association with or without capital stock, organized or existing pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code.
(c) Any person, corporation, association, syndicate, joint stock company, or partnership, engaged exclusively in the business of marketing agricultural, horticultural, viticultural, dairy, livestock, poultry, and bee products on a cooperative nonprofit basis.
(Amended by Stats. 2006, Ch. 538, Sec. 175. Effective January 1, 2007.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 1 - General Provisions › ARTICLE 2 - Exceptions to This Division › Section 21051.

21051. (a) The limitations with respect to rates and charges set forth in Sections 21200 and 21200.5 do not apply to any loan of a bona fide principal amount of two thousand five hundred dollars ($2,500) or more if this section is not used for the purpose of evading this division.
(b) In determining whether a loan is a loan of the principal amount of two thousand five hundred dollars ($2,500), Section 22054 shall apply.
(Amended by Stats. 1987, Ch. 576, Sec. 1.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21200.

21200. (a) Except as otherwise provided in this chapter, no pawnbroker shall charge or receive compensation at a rate exceeding the sum of the following:
(1) Three percent per month on the unpaid principal balance of any loan.
(2) A charge not exceeding three dollars ($3) a month on any loan when the monthly charge permitted by paragraph (1) would otherwise be less.
(b) One month’s interest may be charged for any part of the month in which pawned property is redeemed.
(Amended by Stats. 2015, Ch. 245, Sec. 1. (SB 285) Effective January 1, 2016.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21200.1.

21200.1. A loan setup fee of seven dollars and fifty cents ($7.50) or 3.5 percent, whichever is greater, may be charged for each loan. However, the maximum loan setup fee shall not exceed ninety dollars ($90). Loan setup fees are in addition to any other allowed charges.
(Amended by Stats. 2019, Ch. 189, Sec. 1. (AB 1186) Effective January 1, 2020.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21200.5.

21200.5. A pawnbroker may charge as prescribed in the following schedule:
Schedule of Charges
(a) A charge not exceeding three dollars ($3) may be made on any loan for not more than three months which does not exceed nineteen dollars and ninety-nine cents ($19.99).
(b) A charge not exceeding six dollars ($6) may be made on any loan for not more than three months of twenty dollars ($20) or more, but not exceeding forty-nine dollars and ninety-nine cents ($49.99).
(c) A charge not exceeding nine dollars ($9) may be made on any loan for not more than three months of fifty dollars ($50) or more, but not exceeding seventy-four dollars and ninety-nine cents ($74.99).
(d) A charge not exceeding twelve dollars ($12) may be made on any loan for not more than three months of seventy-five dollars ($75) or more, but not exceeding ninety-nine dollars and ninety-nine cents ($99.99).
(e) A charge not exceeding fifteen dollars ($15) may be made on any loan for not more than three months of one hundred dollars ($100) or more, but not exceeding one hundred seventy-four dollars and ninety-nine cents ($174.99).
(f) A charge not exceeding 9 percent may be made on any loan for not more than three months on any loan of one hundred seventy-five dollars ($175) or more, but not exceeding two thousand four hundred ninety-nine dollars and ninety-nine cents ($2,499.99).
(g) The monthly charge for any extension of a written contract required by Section 21201 or 21201.5 shall be computed in accordance with the provisions of Section 21200.
(h) The schedule of charges prescribed by this section shall be posted in a place clearly visible to the general public.
(Amended by Stats. 2015, Ch. 245, Sec. 3. (SB 285) Effective January 1, 2016.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21200.6.

21200.6. (a) In addition to other allowed charges, at the time property is redeemed or a replacement loan is issued pursuant to Section 21201.5, the pawnbroker may collect a handling and storage charge for pawned articles. The maximum amount that may be charged pursuant to this section is in accordance with the following schedule:
(1) Three dollars ($3) for any article that can be contained within one cubic foot.
(2) Six dollars ($6) for any article that cannot be contained within one cubic foot, but can be contained within three cubic feet.
(3) Twelve dollars ($12) for any article that cannot be contained within three cubic feet, but can be contained within six cubic feet.
(4) Twenty-four dollars ($24) for any article that cannot be contained within six cubic feet and three dollars ($3) for each additional cubic foot in excess of six cubic feet.
(b) For purposes of this section, cubic feet shall be determined by multiplying the width of an article, at its greatest width, by the depth of an article, at its greatest depth, by the height of an article, at its greatest height.
(Amended by Stats. 2019, Ch. 189, Sec. 2. (AB 1186) Effective January 1, 2020.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21200.7.

21200.7. The maximum charge of compensation charged by a pawnbroker pursuant to the authority of Section 21200 shall be posted in a place clearly visible to the general public.
(Added by renumbering Section 21200.5 by Stats. 1969, Ch. 25.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21200.8.

21200.8. In addition to other allowed charges, a pawnbroker may collect a processing charge of twenty dollars ($20) for each firearm pawned.
(Amended by Stats. 2019, Ch. 189, Sec. 3. (AB 1186) Effective January 1, 2020.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21200.9.

21200.9. No licensed pawnbroker shall promise any seller of tangible personal property that the seller may repurchase property sold to the pawnbroker.
(Added by Stats. 1988, Ch. 253, Sec. 2.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21201.1.

21201.1. Whenever a pledger, or his or her assignee, loses a pawn ticket, a fee of not to exceed ten dollars ($10) may be charged for services of verifying the identification of the claimant, fingerprinting the claimant, and having the claimant execute a declaration under penalty of perjury.
(Added by Stats. 1991, Ch. 202, Sec. 3.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21201.2.

21201.2. If the pledgor fails to redeem any pawned item during the loan period, thereby obliging the pawnbroker to mail or electronically transmit the notice required under Section 21201, the pawnbroker may charge a fee of up to five dollars ($5) for services and costs pertaining to the preparation of the notice, in addition to any other allowed charges.
(Amended by Stats. 2019, Ch. 189, Sec. 5. (AB 1186) Effective January 1, 2020.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21201.3.

21201.3. (a) The written contract required pursuant to Section 21201 shall contain a provision in 8-point type stating whether the item or items pledged are to be stored at the business premises of the pawnbroker and adjacent to this provision, the following disclosure shall be made: “We must return your property within two business days if your property is stored off premises.”
(b) Every pawnbroker shall display a sign at his or her premises indicating whether or not pawned items are insured.
(c) If a pawnbroker stores pledged property at a location other than the pawnshop, the pawnbroker shall post a conspicuous sign stating that pawned items may be stored off premises with the consent of the pledgor and that following the redemption of a loan, property is required to be returned the next calendar day upon which both the pawnbroker’s store and the storage facility are open, not to exceed two business days.
(d) Notwithstanding Section 21209, a violation of this section is an infraction.
(e) This section shall become operative July 1, 1995.
(Amended by Stats. 2002, Ch. 404, Sec. 2. Effective January 1, 2003.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21201.4.

21201.4. Charges for the first three months of any loan made pursuant to the written contract required by Section 21201 or 21201.5 shall be determined by the application of the schedule of charges contained in Section 21200.5. Charges for any extension of time following the first three months of any loan shall be determined by application of the schedule of maximum compensation contained in Section 21200.
(Amended by Stats. 2011, Ch. 318, Sec. 5. (AB 424) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21201.6.

21201.6. The requirement for a written contract signed by the pledgor as set forth in Section 21201.5 may be met electronically if all of the following conditions are satisfied:
(a) The contract and transaction comply with the provisions of the Uniform Electronic Transactions Act, as set forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code, as may be applicable at the time that the loan is entered into between the pawnbroker and the pledgor.
(b) Any written disclosures specified in this chapter to be set forth in a specified minimum type size are conspicuously presented to the pledgor prior to his or her execution of the electronic contract.
(c) The pawnbroker makes one of the following disclosures:
(1) If the principal loan amount is below two thousand five hundred dollars ($2,500), the pawnbroker discloses the maximum compensation due a pawnbroker as set forth in Section 21200.7 prior to the pledgor’s execution of the electronic contract.
(2) If the principal loan amount is two thousand five hundred dollars ($2,500) or more, the pawnbroker discloses the provisions of Sections 21051 and 22054 prior to the pledgor’s execution of the electronic contract.
(Added by Stats. 2015, Ch. 417, Sec. 4. (SB 300) Effective January 1, 2016.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21202.

21202. Every pawnbroker shall enter at the time of the transaction, in records of loans and pledges kept by him for that purpose, the date, duration, amount, and rate of interest or charges of every loan made by him, a reasonably accurate description of the property pledged, the name and residence address of the pledgor. Every pawnbroker shall deliver to the pledgor a written copy of such entry. Such written copy need not include the name and address of the pledgor.
(Amended by Stats. 1979, Ch. 1037.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21203.

21203. Any property held in pawn which is not subject to a hold pursuant to Section 21647 of the Business and Professions Code shall be returned to the pledgor immediately upon redemption of the loan. However, if the property is stored off the business premises of the pawnbroker, following the redemption of the loan the property shall be returned the next calendar day when both the pawnbroker’s store and the storage facility are open, not to exceed two business days.
(Amended by Stats. 2002, Ch. 404, Sec. 4. Effective January 1, 2003.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21204.

21204. Every pawnbroker, upon redemption of a loan contract, shall provide the borrower with a receipt that correctly states in detail all of the fees, charges, and compensation paid by the borrower to the pawnbroker.
(Added by Stats. 1998, Ch. 804, Sec. 2. Effective January 1, 1999.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21205.

21205. Representatives of the pawnbroker industry shall poll their members annually to gather data relating to the current financial condition of the California pawn industry.
(Added by Stats. 2015, Ch. 245, Sec. 7. (SB 285) Effective January 1, 2016.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21206.

21206. Every pawnbroker shall produce his or her records of loans and all pledged property, for inspection by the following persons:
(a) Any officer holding a warrant authorizing him or her to search for personal property.
(b) Any peace officer or employee designated by the chief of police or sheriff.
(c) Any officer holding a court order directing him or her to examine such records or pledged property.
(Amended by Stats. 1992, Ch. 647, Sec. 8. Effective January 1, 1993.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21206.7.

21206.7. Whenever any property is taken from a pawnbroker by a peace officer which is alleged to be stolen property, the police officer shall give the pawnbroker a receipt for the property which shall contain a description of the property, the reason for seizure, and the names of the pawnbroker and the officer.
(Added by Stats. 1979, Ch. 1037.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21206.8.

21206.8. (a) Notwithstanding the provisions of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2 of the Penal Code, whenever property alleged to have been lost, stolen, or embezzled is taken from a pawnbroker, the peace officer, magistrate, court, clerk, or other person having custody of the property shall not deliver the property to any person claiming ownership unless the provisions of this section are complied with.
(b) (1) If any person makes a claim of ownership, the person shall file a written statement, signed under penalty of perjury, stating the factual basis upon which they claim ownership or an interest in the property with the person having custody of the property, and the person having custody of the property shall notify the pawnbroker of the claim by providing a true and correct copy of the claim to the pawnbroker.
(2) If the pawnbroker makes no claim with respect to the property within 10 days of such notification, the property may be disposed of as otherwise provided by law.
(3) In adjudicating the competing claims of a pawnbroker and a person claiming ownership or an interest in the property seized from a pawnbroker, the adjudicating court shall give due consideration to the effect Section 2403 of the Commercial Code may have on the claims.
(4) At least 30 calendar days before any hearing adjudicating any competing claims of a pawnbroker and a person claiming ownership or an interest in the property, the person having custody of the property shall deliver to the pawnbroker a true and correct copy of the police report, redacted as may be required by law and consistent with due process of law, substantiating the basis of the seizure of the property from the pawnbroker.
(c) If property alleged to have been stolen or embezzled is taken from a pawnbroker, prior to any disposal of the property pursuant to Section 1411 of the Penal Code, the notice to be given to the owner and owner of a security interest pursuant to Section 1411 shall be given to the pawnbroker. Such property shall not be disposed of pursuant to Section 1411 until three months after such notice has been given.
(d) A pawnbroker shall not be liable to any person for any property seized from the pawnbroker on account of the pawnbroker’s inability to return the property to that person because of the seizure.
(Amended by Stats. 2013, Ch. 318, Sec. 2. (SB 762) Effective January 1, 2014.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 2 - Pawnbroker Regulations › Section 21208.

21208. A pawnbroker shall comply with the reporting requirements imposed on secondhand dealers under Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code.
(Repealed and added by Stats. 2012, Ch. 172, Sec. 8. (AB 391) Effective August 17, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 3 - Licensure › Section 21300.

21300. (a) The chief of police, the sheriff, or, where appropriate, the police commission shall accept an application for and grant a license permitting the licensee to engage in the business of pawnbroker, as defined in Section 21000, at the address indicated on the application, to an applicant who has complied with the requirements of Sections 21303, 21304, and 21305 and has not been convicted of an attempt to receive stolen property or any other offense involving stolen property. Prior to the granting of a license, the licensing authority shall submit the application to the Department of Justice. If the Department of Justice does not comment on the application within 30 days thereafter, the licensing authority shall grant the applicant a license. All forms for application and licensure, and license renewal, shall be prescribed and provided by the Department of Justice. A fee shall be charged to the applicant by the Department of Justice, as specified in Section 21642.5 of the Business and Professions Code, for processing the initial license application and funding the single, statewide, uniform electronic reporting system set forth in subdivision (j) of Section 21628 of the Business and Professions Code. The licensing authority shall collect the fee and transmit the fee to the Department of Justice. In addition, the police chief, sheriff, or, where appropriate, the police commission, may charge a fee to the applicant not to exceed the actual costs incurred to process the application and to collect and transmit the fee charged by the Department of Justice.
(b) For the purposes of this section, “convicted” means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(c) Notwithstanding subdivisions (a) and (b), no person shall be denied a pawnbroker’s license solely on the grounds that he or she violated any provision contained in Chapter 1 (commencing with Section 21000) or Chapter 2 (commencing with Section 21200), or any provision contained in Article 4 (commencing with Section 21625) or Article 5 (commencing with Section 21650) of Chapter 9 of Division 8 of the Business and Professions Code, unless the violation demonstrates a pattern of conduct.
(Amended by Stats. 2012, Ch. 172, Sec. 9. (AB 391) Effective August 17, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 3 - Licensure › Section 21300.1.

21300.1. It is unlawful for any person who is not duly licensed under this section to act as a pawnbroker or represent himself, herself, or a business entity to be a pawnbroker or a pawnbrokerage business entity.
(Added by Stats. 1996, Ch. 923, Sec. 8. Effective January 1, 1997.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 3 - Licensure › Section 21301.1.

21301.1. It is unlawful for any person to advertise his or her services as a pawnbroker, or to use any words or parts of words in any advertisements that connote a transaction involving the taking of tangible personal property as security for a loan unless the pawnbroker’s license number is clearly displayed in the advertisement.
(Added by Stats. 1996, Ch. 923, Sec. 10. Effective January 1, 1997.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 3 - Licensure › Section 21302.

21302. The district attorney or the Attorney General, in the name of the people of the State of California, may bring an action to enjoin the violation or the threatened violation of any regulation made pertaining to the provisions contained in Chapter 1 (commencing with Section 21000) or Chapter 2 (commencing with Section 21200) of this division or Article 4 (commencing with Section 21625) or Article 5 (commencing with Section 21650) of Chapter 9 of Division 8 of the Business and Professions Code. Any proceeding brought hereunder shall be governed in all respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 1993, Ch. 782, Sec. 4. Effective January 1, 1994.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 3 - Licensure › Section 21303.

21303. (a) As a condition precedent to the issuance or renewal of a pawnbroker’s license the applicant shall file a pawnbroker’s two-year nonrevokable surety bond with the issuing authority, in the sum of twenty thousand dollars ($20,000). The pawnbroker’s bond required by this article shall be executed by an admitted surety in favor of the State of California and shall be filed by the applicant with the licensing authority.
(b) The bond shall be for the benefit of pledgors of pledged property when the property is not available for redemption, due to the criminal negligence, criminal malfeasance, or other criminal conduct of the pawnbroker, and the pledgor has complied with the conditions precedent to redemption under the terms of the loan contract. The pledgor has the burden of establishing by clear and convincing evidence that all conditions precedent to redemption under the terms of the loan contract have been performed.
(Added by Stats. 1993, Ch. 782, Sec. 4. Effective January 1, 1994.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 3 - Licensure › Section 21304.

21304. (a) As a condition precedent to the issuing of a pawnbroker’s license, the applicant shall file with the issuing authority a financial statement confirming that the applicant has at least one hundred thousand dollars ($100,000) in the form of liquid assets readily available for use in each licensed business for which the application is made, not including real property, or, in the absence of one hundred thousand dollars ($100,000), an applicant may post a nonrevocable surety bond in the amount of one hundred thousand dollars ($100,000) or the applicant may, in lieu of posting a surety bond, deposit money, certificates, accounts, bonds, or notes, as provided in Section 995.710 of the Code of Civil Procedure. The financial statement shall be filed by the applicant under penalty of perjury and signed by a California certified public accountant verifying that he or she has reviewed the financial statement.
(b) This section does not apply to any person holding a secondhand dealer’s license pursuant to Section 21641 or 21642 of the Business and Professions Code who is actively engaged as a pawnbroker on the effective date of this section.
(Amended by Stats. 1997, Ch. 17, Sec. 40. Effective January 1, 1998.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 3 - Licensure › Section 21306.

21306. A pawnbroker licensed under Section 21300 is exempt from the licensing requirements under Sections 21641 and 21642 of the Business and Professions Code and may engage in any transaction involving tangible personal property for which a secondhand dealers license is required under Sections 21641 and 21642 of the Business and Professions Code. Pawnbrokers operating under this license exemption are required to conform to all other requirements of secondhand dealers for which a license is required under Sections 21641 and 21642 of the Business and Professions Code.
(Added by Stats. 1993, Ch. 782, Sec. 4. Effective January 1, 1994.)
2023 California Code › Financial Code - FIN › DIVISION 8 - PAWNBROKERS › CHAPTER 3 - Licensure › Section 21307.

21307. Except as otherwise specifically provided, the violation of any provision of this chapter under circumstances where a person knows or should have known that a violation was being committed is a misdemeanor.
(Added by Stats. 1996, Ch. 923, Sec. 12. Effective January 1, 1997.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22000.

22000. This division is known and may be cited as the “California Financing Law.”
(Amended by Stats. 2017, Ch. 475, Sec. 4. (AB 1284) Effective October 4, 2017.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22001.

22001. (a) This division shall be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) To ensure an adequate supply of credit to borrowers in this state.
(2) To simplify, clarify, and modernize the law governing loans made by finance lenders.
(3) To foster competition among finance lenders.
(4) To protect borrowers against unfair practices by some lenders, having due regard for the interests of legitimate and scrupulous lenders.
(5) To permit and encourage the development of fair and economically sound lending practices.
(6) To encourage and foster a sound economic climate in this state.
(7) To protect property owners from deceptive and misleading practices that threaten the efficacy and viability of property assessed clean energy financing programs.
(b) Consumer loans, as defined in Sections 22203 and 22204, are subject to this chapter, Chapter 2 (commencing with Section 22200), Article 1 (commencing with Section 22700) of Chapter 4, and Article 2 (commencing with Section 22750) of Chapter 4.
(c) Commercial loans, as defined in Section 22502, are subject to this chapter, Chapter 3 (commencing with Section 22500), Article 1 (commencing with Section 22700) of Chapter 4, and Article 3 (commencing with Section 22780) of Chapter 4.
(d) A program administrator, as defined in Section 22018, is subject to this chapter, Chapter 3.5 (commencing with Section 22680), and Article 1 (commencing with Section 22700) of Chapter 4.
(e) This section shall become operative on January 1, 2019.
(Repealed (in Sec. 5) and added by Stats. 2017, Ch. 475, Sec. 6. (AB 1284) Effective October 4, 2017. Section operative January 1, 2019, by its own provisions.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22002.

22002. To accomplish its underlying purposes and policies, this division creates a class of exempt persons pursuant to Section 1 of Article XV of the California Constitution.
It is the intent of the Legislature to preserve existing exemptions under Section 1 of Article XV of the Constitution and statutory law for (a) personal property brokers formerly regulated by the Personal Property Brokers Law; (b) lenders formerly regulated by the Consumer Finance Lenders Law; and (c) lenders formerly regulated by the Commercial Finance Lenders Law; and no finding that any provision of this division is invalid with respect to a particular lender or class of lenders shall affect the enforceability of this division with respect to any of the foregoing classifications of lenders, which shall in all events continue to be exempted by this division.
(Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22003.

22003. Unless the context otherwise requires, the definitions given in this article govern the construction of this division.
(Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22003.5.

22003.5. “Assessment contract” means an agreement entered into between all property owners of record on real property and a public agency in which, for voluntary contractual assessments imposed on the real property, the public agency provides a PACE assessment for the installation of one or more efficiency improvements on the real property in accordance with a PACE program, specified in paragraph (2) of subdivision (a) of Section 5898.20 of the Streets and Highways Code, or Section 5899, 5899.3, or 5899.4 of the Streets and Highways Code, or a special tax described in Section 53328.1 of the Government Code.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Amended by Stats. 2018, Ch. 837, Sec. 2. (SB 465) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions. See later operative version added by Stats. 2018, Ch. 837.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22003.5.

22003.5. “Assessment contract” means an agreement entered into between all property owners of record on real property and a public agency in which, for voluntary contractual assessments imposed on the real property, the public agency provides a PACE assessment for the installation of one or more efficiency improvements on the real property in accordance with a PACE program, specified in paragraph (2) of subdivision (a) of Section 5898.20 of the Streets and Highways Code, or Section 5899 or 5899.3 of the Streets and Highways Code, or a special tax described in Section 53328.1 of the Government Code.
This section shall become operative on January 1, 2029.
(Repealed and added by Stats. 2018, Ch. 837, Sec. 3. (SB 465) Effective January 1, 2019. Section operative January 1, 2029, by its own provisions.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22004.

22004. “Broker” includes any person who is engaged in the business of negotiating or performing any act as broker in connection with loans made by a finance lender.
(Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22005.

22005. “Commissioner” means the Commissioner of Financial Protection and Innovation.
(Amended by Stats. 2022, Ch. 452, Sec. 132. (SB 1498) Effective January 1, 2023.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22006.

22006. As used in this division, the terms “security interest,” “accounts,” “chattel paper,” “documents,” “general intangibles,” “goods,” and “instruments” are as defined in the Uniform Commercial Code.
(Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22007.

22007. (a) “Licensee” means any finance lender, broker, or program administrator who receives a license in accordance with this division.
(b) This section shall become operative on January 1, 2019.
(Repealed (in Sec. 8) and added by Stats. 2017, Ch. 475, Sec. 9. (AB 1284) Effective October 4, 2017. Section operative January 1, 2019, by its own provisions.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22008.

22008. “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, an unincorporated organization, a government, or a political subdivision of a government.
(Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22009.

22009. “Finance lender” includes any person who is engaged in the business of making consumer loans or making commercial loans. The business of making consumer loans or commercial loans may include lending money and taking, in the name of the lender, or in any other name, in whole or in part, as security for a loan, any contract or obligation involving the forfeiture of rights in or to personal property, the use and possession of which property is retained by other than the mortgagee or lender, or any lien on, assignment of, or power of attorney relative to wages, salary, earnings, income, or commission.
It is the intent of the Legislature that the definition of finance lender shall be interpreted to include a personal property broker as referenced in Section 1 of Article XV of the California Constitution.
(Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22010.

22010. (a) “Finance lender,” “broker,” and “program administrator” do not include employees regularly employed at the location specified in the license of the finance lender, broker, or program administrator, except that an employee, when acting within the scope of his or her employment, shall be exempt from any other law from which his or her employer is exempt.
(b) This section shall become operative on January 1, 2019.
(Repealed (in Sec. 10) and added by Stats. 2017, Ch. 475, Sec. 11. (AB 1284) Effective October 4, 2017. Section operative January 1, 2019, by its own provisions.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22011.

22011. A “regulatory ceiling provision” is a statement in a section or subdivision that specifies an original bona fide principal loan amount at or above which that section or subdivision does not apply to a loan.
(Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22012.

22012. (a) “Branch office license” means a license to engage in business as a finance lender or broker at a location other than the location identified in a finance lender or broker license application or amended application.
(b) “Depository institution” has the same meaning as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union.
(c) “Federal banking agencies” means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation.
(d) “Nationwide Mortgage Licensing System and Registry” means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators.
(e) “Residential mortgage loan” means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in Section 103(v) of the federal Truth in Lending Act, or residential real estate upon which is constructed or intended to be constructed a dwelling. “Dwelling” means a residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, mobilehome, or trailer, if it is used as a residence.
(f) “SAFE Act” means the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289).
(g) “Unique identifier” means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry.
(h) For purposes of Sections 22109.2, 22109.3, and 22109.5, “nontraditional mortgage product” means any mortgage product other than a 30-year fixed rate mortgage.
(i) For purposes of Section 22109.1, “expungement” means the subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such individual to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty or dismissing the accusation, information, or indictment. With respect to criminal convictions in another state, that state’s definition of expungement will apply.
(Amended by Stats. 2012, Ch. 264, Sec. 1. (AB 2666) Effective January 1, 2013.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22014.

22014. (a) A loan processor or underwriter who does not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator shall not be required to be licensed as a mortgage loan originator.
(b) An individual engaging solely in loan processor or underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator.
(c) An independent contractor may not engage in the activities of a loan processor or underwriter for a residential mortgage loan unless the independent contractor loan processor or underwriter obtains and maintains a mortgage loan originator license under this division. Each independent contractor loan processor or underwriter licensed as a mortgage loan originator shall have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.
(Added by Stats. 2009, Ch. 160, Sec. 11. (SB 36) Effective October 11, 2009.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22015.

22015. “PACE assessment” means a voluntary contractual assessment, voluntary special tax, or special tax, as described in subdivisions (a), (b), and (c) of Section 26054 of the Public Resources Code.
(Added by Stats. 2017, Ch. 475, Sec. 12. (AB 1284) Effective October 4, 2017.)
2023 California Code › Financial Code - FIN › DIVISION 9 - CALIFORNIA FINANCING LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 22016.

22016. “PACE program” means a program in which financing is provided for the installation of efficiency improvements on real property and funded through the use of property assessments, as well as other program components defined in this section, established pursuant to any of the following:
(a) Chapter 29 (commencing with Section 5898.10) of Part 3 of Division 7 of the Streets and Highways Code.
(b) The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
(c) A charter city’s constitutional authority under Section 5 of Article XI of the California Constitution.
(Added by Stats. 2017, Ch. 475, Sec. 13. (AB 1284) Effective October 4, 2017.)