reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.5 - Legal Document Assistants and Unlawful Detainer Assistants › ARTICLE 3 - Conduct of Business and Prohibited Acts › Section 6409.1.

6409.1. Notwithstanding any other law, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and their client shall be the county in which the client has their primary residence.
(Amended by Stats. 2019, Ch. 128, Sec. 10. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.5 - Legal Document Assistants and Unlawful Detainer Assistants › ARTICLE 3 - Conduct of Business and Prohibited Acts › Section 6411.

6411. It is unlawful for any person engaged in the business or acting in the capacity of a legal document assistant or unlawful detainer assistant to do any of the following:
(a) Make false or misleading statements to the consumer concerning the subject matter, legal issues, or self-help service being provided by the legal document assistant or unlawful detainer assistant.
(b) Make any guarantee or promise to a client or prospective client, unless the guarantee or promise is in writing and the legal document assistant or unlawful detainer assistant has a reasonable factual basis for making the guarantee or promise.
(c) Make any statement that the legal document assistant or unlawful detainer assistant can or will obtain favors or has special influence with a court, or a state or federal agency.
(d) Provide assistance or advice which constitutes the unlawful practice of law pursuant to Section 6125, 6126, or 6127.
(e) Engage in the unauthorized practice of law, including, but not limited to, giving any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies. A legal document assistant shall complete documents only in the manner prescribed by subdivision (d) of Section 6400.
(f) Use in the person’s business name or advertising the words “legal aid,” “legal services,” or any similar term that has the capacity, tendency, or likelihood to mislead members of the public about that person’s status as a nonprofit corporation or governmentally supported organization offering legal services without charge to indigent people, or employing licensees of the State Bar to provide those services.
(Amended by Stats. 2019, Ch. 128, Sec. 13. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.5 - Legal Document Assistants and Unlawful Detainer Assistants › ARTICLE 3 - Conduct of Business and Prohibited Acts › Section 6412.

6412. (a) Any owner or manager of residential or commercial rental property, tenant, or other person who is awarded damages in any action or proceeding for injuries caused by the acts of a registrant while in the performance of their duties as a legal document assistant or unlawful detainer assistant may recover damages from the bond or cash deposit required by Section 6405.
(b) If there has been a recovery against a bond or cash deposit under subdivision (a) and the registration has not been revoked pursuant to Section 6413, the registrant shall file a new bond or deposit an additional amount of cash within 30 days to reinstate the bond or cash deposit to the amount required by Section 6405. If the registrant does not file a bond, or deposit this amount within 30 days, the registrant’s certificate of registration shall be revoked.
(Amended by Stats. 2019, Ch. 128, Sec. 14. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.5 - Legal Document Assistants and Unlawful Detainer Assistants › ARTICLE 3 - Conduct of Business and Prohibited Acts › Section 6412.1.

6412.1. (a) Any person injured by the unlawful act of a legal document assistant or unlawful detainer assistant shall retain all rights and remedies cognizable under law. The penalties, relief, and remedies provided in this chapter are not exclusive, and do not affect any other penalties, relief, and remedies provided by law.
(b) Any person injured by a violation of this chapter by a legal document assistant or unlawful detainer assistant may file a complaint and seek redress in any superior court for injunctive relief, restitution, and damages. Attorney’s fees shall be awarded to the prevailing plaintiff. A claim under this chapter may be maintained in small claims court, if the claim and relief sought are within the small claims court’s jurisdiction.
(Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.5 - Legal Document Assistants and Unlawful Detainer Assistants › ARTICLE 3 - Conduct of Business and Prohibited Acts › Section 6412.5.

6412.5. A legal document assistant or an unlawful detainer assistant may neither seek nor obtain a client’s waiver of any of the provisions of this chapter. Any waiver of the provisions of this chapter is contrary to public policy, and is void and unenforceable.
(Added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.5 - Legal Document Assistants and Unlawful Detainer Assistants › ARTICLE 3 - Conduct of Business and Prohibited Acts › Section 6413.

6413. The county clerk shall revoke the registration of a legal document assistant or unlawful detainer assistant upon receipt of an official document or record stating that the registrant has been found guilty of the unauthorized practice of law pursuant to Section 6125, 6126, or 6127, has been found guilty of a misdemeanor violation of this chapter, has been found liable under Section 6126.5, or that a civil judgment has been entered against the registrant in an action arising out of the registrant’s negligent, reckless, or willful failure to properly perform their obligation as a legal document assistant or unlawful detainer assistant. The county clerk shall be given notice of the disposition in any court action by the city attorney, district attorney, or plaintiff, as applicable. A registrant whose registration is revoked pursuant to this section may reapply for registration three years after the revocation.
(Amended by Stats. 2019, Ch. 128, Sec. 15. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.5 - Legal Document Assistants and Unlawful Detainer Assistants › ARTICLE 3 - Conduct of Business and Prohibited Acts › Section 6414.

6414. A registrant whose certificate is revoked shall be entitled to challenge the decision in a court of competent jurisdiction.
(Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.5 - Legal Document Assistants and Unlawful Detainer Assistants › ARTICLE 3 - Conduct of Business and Prohibited Acts › Section 6415.

6415. A failure, by a person who engages in acts of a legal document assistant or unlawful detainer assistant, to comply with any of the requirements of Section 6401.6, 6402, 6408, or 6410, subdivision (a), (b), or (c) of Section 6411, or Section 6412.5 is a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), as to each client with respect to whom a violation occurs, or imprisonment for not more than one year, or by both that fine and imprisonment. Payment of restitution to a client shall take precedence over payment of a fine.
(Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.6 - Paralegals › Section 6451.

6451. It is unlawful for a paralegal to perform any services for a consumer except as performed under the direction and supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal. Nothing in this chapter shall prohibit a paralegal who is employed by an attorney, law firm, governmental agency, or other entity from providing services to a consumer served by one of these entities if those services are specifically allowed by statute, case law, court rule, or federal or state administrative rule or regulation. “Consumer” means a natural person, firm, association, organization, partnership, business trust, corporation, or public entity.
(Amended by Stats. 2001, Ch. 311, Sec. 3. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.6 - Paralegals › Section 6452.

6452. (a) It is unlawful for a person to identify himself or herself as a paralegal on any advertisement, letterhead, business card or sign, or elsewhere unless he or she has met the qualifications of subdivision (c) of Section 6450 and performs all services under the direction and supervision of an attorney who is an active member of the State Bar of California or an attorney practicing law in the federal courts of this state who is responsible for all of the services performed by the paralegal. The business card of a paralegal shall include the name of the law firm where he or she is employed or a statement that he or she is employed by or contracting with a licensed attorney.
(b) An attorney who uses the services of a paralegal is liable for any harm caused as the result of the paralegal’s negligence, misconduct, or violation of this chapter.
(Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.6 - Paralegals › Section 6453.

6453. A paralegal is subject to the same duty as an attorney specified in subdivision (e) of Section 6068 to maintain inviolate the confidentiality, and at every peril to himself or herself to preserve the attorney-client privilege, of a consumer for whom the paralegal has provided any of the services described in subdivision (a) of Section 6450.
(Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.6 - Paralegals › Section 6454.

6454. The terms “paralegal,” “legal assistant,” “attorney assistant,” “freelance paralegal,” “independent paralegal,” and “contract paralegal” are synonymous for purposes of this chapter.
(Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.6 - Paralegals › Section 6455.

6455. (a) Any consumer injured by a violation of this chapter may file a complaint and seek redress in superior court for injunctive relief, restitution, and damages. Attorney’s fees shall be awarded in this action to the prevailing plaintiff.
(b) Any person who violates the provisions of Section 6451 or 6452 is guilty of an infraction for the first violation, which is punishable upon conviction by a fine of up to two thousand five hundred dollars ($2,500) as to each consumer with respect to whom a violation occurs, and is guilty of a misdemeanor for the second and each subsequent violation, which is punishable upon conviction by a fine of two thousand five hundred dollars ($2,500) as to each consumer with respect to whom a violation occurs, or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. Any person convicted of a violation of this section shall be ordered by the court to pay restitution to the victim pursuant to Section 1202.4 of the Penal Code.
(Amended by Stats. 2007, Ch. 43, Sec. 1. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 5.6 - Paralegals › Section 6456.

6456. An individual employed by the state as a paralegal, legal assistant, legal analyst, or similar title, is exempt from the provisions of this chapter.
(Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 1 - General Provisions › Section 6500.

6500. This chapter shall be known as the Professional Fiduciaries Act.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 1 - General Provisions › Section 6502.

6502. (a) Every person who is required to register with the Statewide Registry maintained by the Department of Justice under Chapter 13 (commencing with Section 2850) of Part 4 of Division 4 of the Probate Code prior to January 1, 2007, shall be required to obtain a license as a professional fiduciary under this chapter.
(b) Every person who is required to file information with the clerk of the court under Article 4 (commencing with Section 2340) of Chapter 3 of Part 4 of Division 4 of the Probate Code prior to January 1, 2007, shall be required to obtain a license as a professional fiduciary under this chapter.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6510.

6510. (a) There is within the jurisdiction of the department the Professional Fiduciaries Bureau. The bureau is under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief of the bureau, who is responsible to the director. Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations as the director may prescribe.
(b) The Governor shall appoint, subject to confirmation by the Senate, the chief of the bureau, at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(c) (1) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(2) Notwithstanding any other provision of law, the repeal of this section renders the bureau subject to review by the appropriate policy committees of the Legislature.
(Amended by Stats. 2023, Ch. 680, Sec. 2. (AB 1262) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6511.

6511. (a) There is within the bureau a Professional Fiduciaries Advisory Committee. The committee shall consist of seven members; three of whom shall be licensees actively engaged as professional fiduciaries in this state, and four of whom shall be public members. One of the public members shall be a member of a nonprofit organization advocating on behalf of the elderly, and one of the public members shall be a probate court investigator.
(b) The Governor shall appoint the member from a nonprofit organization advocating on behalf of the elderly, the probate court investigator, and the three licensees. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
(c) Except as provided in paragraphs (1) and (2), each member of the committee shall be appointed for a term of four years, and shall hold office until the appointment of their successor or until one year shall have elapsed since the expiration of the term for which they were appointed, whichever first occurs.
(1) Commencing January 1, 2027, the Governor shall appoint a licensee member and a public member from a nonprofit organization advocating on behalf of the elderly to a term of two years each. Commencing January 1, 2029, the Governor shall resume appointing these committee positions to four-year terms.
(2) Commencing January 1, 2027, the Governor shall appoint a licensee member and a probate court investigator to a term of three years each. Commencing January 1, 2030, the Governor shall resume appointing these committee positions to four-year terms.
(d) Vacancies shall be filled by the appointing power for the unexpired portion of the terms in which they occur. A person shall not serve as a member of the committee for more than two consecutive terms.
(e) Every member of the committee shall receive per diem and expenses as provided in Sections 103 and 113.
(f) The committee shall do all of the following:
(1) Examine the functions and policies of the bureau and make recommendations with respect to policies, practices, and regulations as may be deemed important and necessary by the director or the chief to promote the interests of consumers or that otherwise promote the welfare of the public.
(2) Consider and make appropriate recommendations to the bureau in any matter relating to professional fiduciaries in this state.
(3) Provide assistance as may be requested by the bureau in the exercise of its powers or duties.
(4) Meet at least once each quarter. All meetings of the committee shall be public meetings.
(g) The bureau shall meet and consult with the committee regarding general policy issues related to professional fiduciaries.
(Amended by Stats. 2023, Ch. 680, Sec. 3. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6513.

6513. The bureau may employ, subject to civil service and other provisions of law, other employees as may be necessary to carry out the provisions of this chapter under the direction of the chief.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6514.

6514. The bureau shall keep a complete record of all its proceedings and all licenses issued, renewed, or revoked, and a detailed statement of receipts and disbursements.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6515.

6515. The duty of administering and enforcing this chapter is vested in the bureau and the chief. In the performance of this duty, the bureau and the chief have all of the powers of, and are subject to all of the responsibilities vested in and imposed upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6516.

6516. Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6517.

6517. The bureau may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the bureau to carry into effect the provisions of law relating to this chapter.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6518.

6518. (a) The bureau shall be responsible for administering the licensing and regulatory program established in this chapter.
(b) The bureau shall approve classes qualifying for prelicense education, as well as classes qualifying for annual continuing education required by this chapter. The bureau shall maintain a current list of all approved classes.
(c) The bureau shall arrange for the preparation and administration of licensing examinations.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 2 - Administration › Section 6520.

6520. The bureau shall adopt, by regulation, a Professional Fiduciaries Code of Ethics. The Professional Fiduciaries Code of Ethics shall be consistent with all statutory requirements, as well as requirements developed by the courts and the Judicial Council. The Professional Fiduciaries Code of Ethics shall be provided electronically on the bureau’s Internet Web site and to persons who request an application for licensure. The bureau may, by regulation, amend the Professional Fiduciaries Code of Ethics from time to time, as it deems necessary, provided that no amendment shall be effective with regard to a licensee until the licensee’s next annual license renewal cycle, as specified in subdivision (a) of Section 6541, is completed. Any amendment to the Professional Fiduciaries Code of Ethics shall be included in the license renewal materials sent to a licensee.
(Amended by Stats. 2007, Ch. 354, Sec. 3. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6530.

6530. (a) On and after January 1, 2009, no person shall act or hold themself out to the public as a professional fiduciary unless that person is licensed as a professional fiduciary in accordance with this chapter.
(b) This section does not apply to a person licensed as an attorney under the State Bar Act (Chapter 4 (commencing with Section 6000)).
(c) This section does not apply to a person licensed as, and acting within the scope of practice of, a certified public accountant pursuant to Chapter 1 (commencing with Section 5000) of Division 3.
(d) This section does not apply to a person enrolled as an agent to practice before the Internal Revenue Service only when acting within the scope of practice pursuant to Part 10 of Title 31 of the Code of Federal Regulations. Actions taken by an enrolled agent, when serving as a fiduciary, which are beyond the scope of their license to practice as an enrolled agent is unlicensed activity and subject to discipline under Section 146 unless the enrolled agent is also licensed as a professional fiduciary in accordance with this chapter.
(Amended by Stats. 2023, Ch. 680, Sec. 4. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6531.

6531. A professional fiduciary shall not operate with an expired, suspended, retired, canceled, or revoked license.
(Amended by Stats. 2014, Ch. 336, Sec. 1. (AB 2024) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6532.

6532. Only a person who holds a current and active license from the bureau may identify themself as a “licensed professional fiduciary.”
(Amended by Stats. 2023, Ch. 680, Sec. 5. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6533.5.

6533.5. Criminal offender record information shall be obtained on each applicant as provided in this section.
(a) Each applicant shall submit fingerprint images to the Department of Justice for the purpose of obtaining criminal offender record information regarding state and federal level convictions and arrests, including arrests where the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal.
(b) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a fitness determination to the bureau.
(c) The Department of Justice shall provide a response to the bureau pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d) The bureau shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code.
(e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this section.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6535.

6535. The bureau shall approve or deny licensure in a timely manner to applicants who apply for licensure. Upon approval of a license, the bureau shall notify the applicant of issuance of the license, and shall issue a license certificate identifying him or her as a “licensed professional fiduciary.”
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6536.

6536. The bureau shall review all applications for licensure and may investigate an applicant’s qualifications for licensure. The bureau shall approve those applications that meet the requirements for licensure, but shall not issue a license to any applicant who meets any of the following criteria:
(a) Does not meet the qualifications for licensure under this chapter.
(b) Has been convicted of a crime substantially related to the qualifications, functions, or duties of a fiduciary.
(c) Has engaged in fraud or deceit in applying for a license under this chapter.
(d) Has engaged in dishonesty, fraud, or gross negligence in performing the functions or duties of a fiduciary, including engaging in such conduct prior to January 1, 2009.
(e) Has been removed as a fiduciary by a court for breach of trust committed intentionally, with gross negligence, in bad faith, or with reckless indifference, or has demonstrated a pattern of negligent conduct, including a removal prior to January 1, 2009, and all appeals have been taken, or the time to file an appeal has expired.
(Amended by Stats. 2009, Ch. 308, Sec. 83. (SB 819) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6537.

6537. The bureau may deny a license for the reasons specified in Section 480 or 6536. An applicant notified of the denial of his or her application for licensure shall have the right to appeal to the bureau as specified in Chapter 2 (commencing with Section 480) of Division 1.5.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6538.

6538. (a) (1) To qualify for licensure, an applicant shall have completed 30 hours of prelicensing education courses provided by an educational program approved by the bureau.
(2) Beginning January 1, 2023, the prelicensing education courses shall include at least one hour of instruction in cultural competency.
(b) (1) To renew a license, or to restore a license from retired status to active status, a licensee shall complete 15 hours of approved continuing education courses each annual renewal cycle.
(2) Beginning January 1, 2023, as part of the approved continuing education courses required by paragraph (1), a licensee shall complete at least two hours of instruction in ethics, two hours of instruction in cultural competency, or two hours of instruction in both ethics and cultural competency every annual renewal cycle.
(c) The cost of any educational course required by this chapter shall not be borne by any client served by a licensee.
(d) For purposes of this section, “cultural competency” means understanding and applying cultural and ethnic data to the process of providing services that includes, but is not limited to, information on the appropriate services for the lesbian, gay, bisexual, transgender, and intersex communities, ethnic communities, and religious communities.
(Amended by Stats. 2022, Ch. 511, Sec. 35. (SB 1495) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6539.

6539. As a requirement for licensure, an applicant shall take and pass the licensing examination administered by the bureau. The bureau shall determine the frequency with which the examination will be given. The bureau shall also determine the frequency with which an applicant for reexamination may sit for the examination. The bureau shall administer the examination through a computer-based examination process and may also administer the examination through other means.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6540.

6540. Individuals, entities, agencies, and associations that propose to offer educational programs qualifying for the prelicensing educational or continuing educational requirements of this chapter shall apply for and obtain the approval of the bureau.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6541.

6541. (a) A license shall expire one year after it was issued on the last day of the month in which it was issued.
(b) A license may be renewed by filing a renewal application with the bureau, submitting the annual statement required by Section 6561, submitting proof of the licensee’s compliance with the continuing education requirements of this chapter, and payment of the renewal fee set by the bureau, provided that the licensee has not engaged in conduct that would justify the bureau’s refusal to grant the renewal. Acts justifying the bureau’s refusal to renew a license shall include any of the following:
(1) Conviction of a crime substantially related to the qualifications, functions, or duties of a fiduciary.
(2) Fraud or deceit in obtaining a license under this chapter.
(3) Dishonesty, fraud, or gross negligence in performing the functions or duties of a professional fiduciary.
(4) Removal by a court as a fiduciary for breach of fiduciary duty if all appeals have been taken or the time to file an appeal has expired.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6541.1.

6541.1. (a) A license that is not renewed within three years following its expiration shall not be renewed, restored, or reinstated, and the license shall be canceled immediately upon expiration of the three-year period.
(b) A canceled license may be reinstated if the applicant satisfies all of the following requirements:
(1) Submits an application for licensure and fulfills all application requirements pursuant to Section 6533.
(2) Completes 15 hours of continuing education during the preceding calendar year in addition to any educational requirements specified in Section 6533.
(3) Submits fingerprint images as specified in Section 6533.5 in order to obtain criminal offender record information.
(4) Passes the licensing examination pursuant to Section 6539.
(5) Not subject to denial of licensure pursuant to Section 480.
(Amended by Stats. 2023, Ch. 680, Sec. 7. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6542.

6542. (a) The bureau may establish, by regulation, a system for the placement of a license into retired status, upon application and submission to the bureau of a statement as required by Section 6561, for a professional fiduciary who is not actively engaged in the practice of a professional fiduciary or any activity that requires them to be licensed by the bureau.
(b) The bureau shall deny an applicant’s application to place a license in retired status if the license is subject to an outstanding order of the bureau, suspended, placed on probation, revoked, or otherwise restricted by the bureau, or subject to disciplinary action under this chapter.
(c) The holder of a retired license shall not be required to renew that license or submit an annual statement pursuant to Section 6561.
(d) The bureau shall establish minimum qualifications to place a license in retired status.
(e) The bureau shall establish minimum qualifications for the restoration of a license from retired status to active status. These minimum qualifications shall include, but are not limited to, completion of continuing education hours as provided in subdivision (b) of Section 6538, submission of a statement as provided in subdivision (a) of Section 6561, and payment of a fee as provided in subdivision (e) of Section 6592.
(Amended by Stats. 2023, Ch. 680, Sec. 8. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 3 - Licensing › Section 6543.

6543. (a) A person whose license has been revoked or surrendered may petition the bureau for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision or from the date of the denial of a similar petition. The director may specify a longer period that must elapse, not to exceed three years, in any decision revoking the license, accepting the surrender of the license due to pending disciplinary action, or denying reinstatement of the license.
(b) A person whose license has not been revoked or surrendered but who has been disciplined by imposition of a suspension or otherwise disciplined may petition the bureau for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision.
(c) The director shall rule on the petition and impose any terms and conditions that the director reasonably deems appropriate as a condition of reinstatement or reduction of penalty, including, but not limited to, issuing a probationary license or requiring additional continuing education prior to reinstatement.
(Added by Stats. 2023, Ch. 680, Sec. 9. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 4 - Practice Provisions › Section 6560.

6560. A licensee shall keep complete and accurate client records, and shall make those records available for audit or review by the bureau upon request.
(Amended by Stats. 2022, Ch. 511, Sec. 36. (SB 1495) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 4 - Practice Provisions › Section 6561.

6561. (a) A licensee shall initially, and annually thereafter, file with the bureau a statement under penalty of perjury containing the following:
(1) The licensee’s business address, telephone number, and facsimile number.
(2) Whether or not the licensee has been removed for cause as a conservator, guardian, trustee, personal representative of a decedent’s estate, agent under a durable power of attorney for health care, agent under a durable power of attorney for finances, or a position arising from appointment as a professional fiduciary practice administrator. The licensee may file an additional statement of the issues and facts pertaining to the case.
(3) The names of the licensee’s current conservatees, wards, principals under a durable power of attorney for health care, or principals under a durable power of attorney for finances, and the names of trusts and decedent’s estates currently administered by the licensee, whether the cases are court supervised or non-court supervised, and including court names, court locations, and case numbers where applicable.
(4) The case names, court locations, and case numbers of all conservatorship, guardianship, trust and other estate administration cases that are closed for which the licensee served as the conservator, guardian, trustee, agent under a durable power of attorney for finance or health care, and personal representative of a decedent’s estate, whether the case is court supervised or non-court supervised.
(5) Whether the licensee has been found by a court to have breached a fiduciary duty.
(6) Whether the licensee has resigned or settled a matter in which a complaint against the licensee has been filed with the court, along with the case number and a statement of the issues and facts pertaining to the allegations.
(7) Any licenses or professional certificates held by the licensee.
(8) Any ownership or beneficial interests in businesses or other enterprises held by the licensee or by a family member that receives or has received payments from a client of the licensee.
(9) Whether the licensee has filed for bankruptcy or held a controlling financial interest in a business that filed for bankruptcy in the last ten years.
(10) The name of any persons or entities that have an interest in the licensee’s professional fiduciary business.
(11) Whether the licensee has been convicted of a crime.
(b) The statement by the licensee required by this section may be filed electronically with the bureau, in a form approved by the bureau. However, any additional statement filed under paragraph (2) of subdivision (a) shall be filed in writing.
(Amended by Stats. 2022, Ch. 612, Sec. 3.5. (SB 1024) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 4 - Practice Provisions › Section 6561.5.

6561.5. (a) A licensee shall respond to any written inquiry relating to the investigation of a complaint against a licensee by the bureau within 30 calendar days. The failure of, or refusal by, a licensee to respond to the written inquiry shall constitute a cause for disciplinary action.
(b) A licensee shall provide true and accurate information and responses to questions, subpoenas, interrogatories or other requests for information or documents and not take any action to obstruct any bureau inquiry, investigation, hearing, or proceeding. Any failure to comply with this subdivision shall constitute a cause for disciplinary action.
(Added by Stats. 2023, Ch. 680, Sec. 10. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 4 - Practice Provisions › Section 6562.

6562. The annual statement shall be filed with the bureau 60 days prior to the expiration of the license as provided in subdivision (a) of Section 6541.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 4 - Practice Provisions › Section 6562.5.

6562.5. (a) A licensee shall notify the bureau in writing of their intent not to renew their license and submit a final annual statement in accordance with Section 6561 and Section 4542 of Title 16 of the California Code of Regulations, as it read on January 1, 2023, demonstrating they are no longer subject to licensure under this chapter.
(b) The written notice of nonpractice and final annual statement shall be submitted to the bureau 60 days before closing their business, ceasing practice as a professional fiduciary, or the expiration of their professional fiduciary license, whichever comes first.
(c) The bureau shall provide the licensee with any discrepancies between the final annual statement and the bureau’s records and the licensee shall comply with the bureau to address and resolve any outstanding matters.
(Added by Stats. 2023, Ch. 680, Sec. 11. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 4 - Practice Provisions › Section 6563.

6563. (a) On or before January 1, 2023, a licensee with an internet website shall post on that internet website a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered.
(b) On or after January 1, 2023, a licensee who does not have an internet website shall do all of the following:
(1) Provide a prospective client, before the execution of a contract for services, a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered.
(2) Upon receipt of a request, provide a client with a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered.
(3) If the prospective or current client is a proposed or current conservatee, provide all interested persons, as defined in paragraph (2) of subdivision (b) of Section 1822 of the Probate Code, with a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered.
(Added by Stats. 2021, Ch. 417, Sec. 1. (AB 1194) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 5 - Enforcement and Disciplinary Proceedings › Section 6581.

6581. A licensee, or an agent working on behalf of a licensee, including an attorney, shall not bill a client or impose a fee on the estate or trust of a client for responding to a complaint filed with the bureau against the licensee.
(Added by Stats. 2018, Ch. 681, Sec. 6. (AB 3144) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 5 - Enforcement and Disciplinary Proceedings › Section 6581.1.

6581.1. Aiding or abetting an unlicensed person to evade the provisions of this chapter, or combining or conspiring with an unlicensed person, or allowing one’s license to be used by an unlicensed person, or acting as an agent or partner, associate, or otherwise of an unlicensed person, with the intent to evade the provisions of this chapter constitutes a cause for disciplinary action.
(Added by Stats. 2023, Ch. 680, Sec. 12. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 5 - Enforcement and Disciplinary Proceedings › Section 6582.

6582. All proceedings against a licensee for any violation of this chapter or any regulations adopted by the bureau shall be conducted 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 shall be prosecuted by the Attorney General’s office, and the bureau shall have all the powers granted therein.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 5 - Enforcement and Disciplinary Proceedings › Section 6582.2.

6582.2. (a) Notwithstanding Section 6582 and Section 11415.60 of the Government Code, the bureau may enter into a settlement with a licensee or applicant instead of the issuance of an accusation or statement of issues against that licensee or applicant.
(b) The settlement shall identify the factual basis for the action being taken and the statutes or regulations violated.
(c) Any settlement with a licensee executed pursuant to this section shall be considered discipline and a public record and shall be posted on the bureau’s Internet Web site. Any settlement with an applicant executed pursuant to this section shall be considered a public record and shall be posted on the bureau’s Internet Web site.
(Added by Stats. 2011, Ch. 448, Sec. 17. (SB 543) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 5 - Enforcement and Disciplinary Proceedings › Section 6582.5.

6582.5. Notwithstanding Section 6582, if any violation occurs, in its discretion, the bureau may refer the case to the Attorney General or to the local district attorney for criminal prosecution. The referral of a case for criminal prosecution shall not preclude the bureau from taking any other action provided for in this chapter.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 6 - Professional Fiduciaries › ARTICLE 5 - Enforcement and Disciplinary Proceedings › Section 6583.

6583. The bureau shall establish a system of administrative citations and fines under Section 125.9 for violations of this chapter, the Professional Fiduciaries Code of Ethics, or any regulation adopted under this chapter.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)