reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 3 - License Applications, Fees and Changes › Section 2716.1 - License Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(1) The
				license fee for the real estate broker license under Section
				10210 of the Code shall be
				$300.
(2) The license fee for the
				real estate salesperson license under Section
				10215 of the Code shall be
				$245.
(3) The salesperson license
				fee, under Section
				10215 of the Code, for an
				applicant qualifying pursuant to Section
				10153.4 of the Code who has not
				satisfied all of the educational requirements prior to issuance of the license,
				shall be $275.
(4) The late license
				renewal fee under Section
				10201 of the Code shall be $450
				for a real estate broker or restricted real estate broker license and $367 for
				a real estate salesperson or restricted real estate salesperson
				license.
(5) The license fee for
				the restricted real estate broker license under Section
				10209.5 of the Code shall be
				$300.
(6) The license fee for the
				restricted real estate salesperson license under Section
				10214.5 of the Code shall be
				$245.
(7) The fees for all licenses
				or examinations, except those specified in this regulation or as otherwise
				specifically provided for in the regulations, shall be as follows: broker
				examination or reexamination: $95; first reschedule of broker examination: $20;
				subsequent reschedules: $30; salesperson examination or reexamination: $60;
				first reschedule of salesperson examination: $15; subsequent reschedules:
				$30.
1. New section
				  filed 7-15-2003; operative 8-31-2003 (Register 2003, No. 29).
2.
				  Repealer of subsections (a) and (b) filed 5-1-2007; operative 5-31-2007
				  (Register 2007, No. 18).
3. Amendment filed 5-12-2009; operative
				  5-12-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 20).
Note: Authority cited: Sections
					 10080
					 and
					 10226,
					 Business and Professions Code. Reference: Sections
					 10153.4,
					 10201,
					 10209.5,
					 10210,
					 10214.5
					 and
					 10215,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 3 - License Applications, Fees and Changes › Section 2716.5 - Special Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee or applicant who is named on a certified list or
				  supplemental list pursuant to Section
				  17520 of the
				  Family Code shall pay a special fee in the amount of ninety-five dollars
				  ($95.00) for each time his or her name is placed on such list. If the licensee
				  or applicant fails to pay such fee, the commissioner shall refuse to issue a
				  license or temporary license or to reinstate a suspended
				  license.
1. New section
				  filed 11-13-96; operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
2. Amendment of section and NOTE filed
				  2-28-2006; operative 3-30-2006 (Register 2006, No.
				  9).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 17520, Family
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 3 - License Applications, Fees and Changes › Section 2717 - Allocation of Fees to Education and Research Account

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
				  10450.6 of the Code, 8 percent of
				  the license fee collected under Part 1 of Division 4 of the Code shall be
				  credited to the Education and Research Account.
1. New section
				  filed 12-7-94; operative 1-6-95 (Register 94, No. 49).
2. Amendment
				  filed 11-13-96; operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
3. Amendment filed 12-4-2014; operative
				  4-1-2015 (Register 2014, No. 49).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10450.6,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2720 - Minimum Age

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A real estate broker license shall not be issued to a person
				  who has not attained the age of 18 years.
1. Amendment
				  filed 12-27-72; effective thirtieth day thereafter (Register 72, No.
				  53).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2721 - Character References. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 10-16-58; effective thirtieth day thereafter (Register 58, No.
				  19).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2722 - Investigation Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 8-21-63; designated effective 9-20-63 (Register 63, No.
				  14).
2. Repealer filed 3-1-68; effective thirtieth day thereafter
				  (Register 68, No. 9).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2723 - Inactive Broker Must File Address. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-17-53; effective thirtieth day thereafter (Register 53, No.
				  14).
2. Amendment filed 8-21-63; designated effective 9-20-63
				  (Register 63, No. 14).
3. Repealer filed 10-14-68; effective
				  thirtieth day thereafter (Register 68, No.
				  39).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2724 - Minimum Requirements for Supervision Under Section 10131.01

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A broker may delegate the responsibility and authority to
				  supervise and control the activities of nonlicensed persons acting under
				  Section 10131.01:
(a) To a real estate broker acting in the
				capacity of a salesperson to the responsible broker and who has entered into a
				written agreement relating thereto with the responsible broker.
(b) To a real estate salesperson licensed to
				the broker if the salesperson has accumulated at least two years full-time
				experience as a salesperson licensee during the immediately preceding five-year
				period and has entered into a written agreement with the broker with respect to
				the delegation of responsibility.
1. New section
				  filed 2-19-57; effective thirtieth day thereafter (Register 57, No.
				  4).
2. Repealer filed 7-12-80; effective thirtieth day thereafter
				  (Register 80, No. 28).
3. New section filed 5-26-92; operative
				  6-25-92 (Register 92, No. 22).
4. Amendment of subsection (a) filed
				  1-21-2022; operative 4-1-2022 (Register 2022, No.
				  3).
Note: Authority cited: Sections
					 10080
					 and
					 10131.01,
					 Business and Professions Code. Reference: Section
					 10131.01,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2725 - Broker Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A responsible broker shall exercise reasonable supervision
				  over the activities of their salespersons or broker associates acting in the
				  capacity of a salesperson. Reasonable supervision includes, as appropriate, the
				  establishment of policies, rules, procedures and systems to review, oversee,
				  inspect and manage:
(a) Transactions
				requiring a real estate license.
(b) Documents which may have a material
				effect upon the rights or obligations of a party to the transaction.
(c) Filing, storage and maintenance of such
				documents.
(d) The handling of
				trust funds.
(e) Advertising of any
				service for which a license is required.
(f) Familiarizing salespersons with the
				requirements of federal and state laws relating to the prohibition of
				discrimination.
(g) Regular and
				consistent reports of licensed activities of salespersons or broker associates
				acting in the capacity of a salesperson.
The form and extent of such policies, rules, procedures and
				  systems shall take into consideration the number of salespersons or broker
				  associates acting in the capacity of a salesperson retained and the number and
				  location of branch offices.
A responsible broker shall establish a system for monitoring
				  compliance with such policies, rules, procedures and systems. A responsible
				  broker may use the services of associate brokers and salespersons to assist in
				  administering the provisions of this section so long as the responsible broker
				  does not relinquish overall responsibility for supervision of the acts of
				  salespersons or broker associates acting in the capacity of a salesperson
				  retained by the responsible broker.
1. New section
				  filed 11-19-69; designated effective 1-2-70 (Register 69, No.
				  47).
2. Amendment filed 12-10-71; effective thirtieth day
				  thereafter. (Register 71, No. 50).
3. Amendment filed 12-27-72;
				  effective thirtieth day thereafter (Register 72, No. 53).
4.
				  Repealer and new section filed 11-30-77; effective thirtieth day thereafter
				  (Register 77, No. 49).
5. Editorial correction of HISTORY 2 and 3
				  (Register 95, No. 13).
6. Amendment of section heading, repealer and
				  new section, and amendment of NOTE filed 11-13-96; operative 11-13-96 pursuant
				  to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
7. Amendment of first paragraph and
				  subsection (g) filed 1-21-2022; operative 4-1-2022 (Register 2022, No.
				  3).
Note: Authority cited: Sections
					 10080
					 and
					 10170.4,
					 Business and Professions Code. Reference: Section
					 10177(h),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2725.5 - Broker Responsibility Regarding Debarred Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Business and Professions Code Section
				  10087
				  authorizes the Commissioner to debar licensed or unlicensed persons from any
				  position of employment with, or management or control of, a real estate
				  business. Such debarred persons are further prohibited by Section
				  10087 from participating in any
				  business activity of a real estate salesperson or a real estate broker and from
				  engaging in any real estate-related business activity on the premises where a
				  real estate salesperson or real estate broker is conducting business.
A responsible broker is responsible for screening the
				  broker's retained staff and employees, both licensed and unlicensed, for
				  compliance with Section
				  10087. A responsible broker is
				  responsible for screening regular business associates engaging in any real
				  estate-related business activity on the responsible broker's premises, for
				  compliance with Section
				  10087. Such broker responsibility
				  includes, but is not limited to, quarterly review of the Department's online
				  listing of debarred persons and of the listing of disciplinary actions
				  published in the Department's quarterly bulletin. A responsible broker who
				  becomes aware of violations of Section
				  10087 is responsible for reporting
				  such violations to the Department.
1. New section
				  filed 9-26-2011; operative 10-26-2011 (Register 2011, No. 39).
2.
				  Change without regulatory effect amending second paragraph filed 6-30-2014
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
3. Amendment of second
				  paragraph filed 1-21-2022; operative 4-1-2022 (Register 2022, No.
				  3).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10087,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2726 - Broker-Salesman Relationship Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every real estate broker shall have a written agreement with
				  each of his salesmen, whether licensed as a salesman or as a broker under a
				  broker-salesman arrangement. The agreement shall be dated and signed by the
				  parties and shall cover material aspects of the relationship between the
				  parties, including supervision of licensed activities, duties and
				  compensation.
1. New section
				  filed 12-10-71; designated effective 4-1-72 (Register 71, No.
				  50).
2. Amendment of section and new NOTE filed 11-13-96; operative
				  11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10177(h),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2727 - Disclosure of Principal Transactions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-2-74; effective thirtieth day thereafter (Register 74, No.
				  49).
2. Amendment filed 11-30-77; effective thirtieth day thereafter
				  (Register 77, No. 49).
3. Repealer filed 7-1-83; effective thirtieth
				  day thereafter (Register 83, No. 30).
Note: Authority cited: Sections
					 10080,
					 10170.4,
					 10226,
					 10149.2,
					 11001
					 and
					 11011.8,
					 Business and Professions Code and Section
					 21082,
					 Public Resources Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2728 - Brokers and Salespersons Performing Licensed Activities Through a Partnership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
While California law does not permit the issuance of real
				  estate broker licenses to partnerships, real estate brokers may, pursuant to
				  section
				  10137.1
				  of the Business and Professions Code, form partnerships that can perform acts
				  requiring a real estate broker license provided that every partner through whom
				  the partnership performs such acts is a licensed real estate broker.
Where a real estate broker is a member of such a partnership
				  operating as a real estate brokerage business, a salesperson who is licensed to
				  that broker and properly supervised and working under a broker-salesman
				  agreement, may perform acts for which a real estate license is required for and
				  on behalf of the partnership.
A real estate broker who is a member of such a partnership
				  may conduct business from a branch office of the partnership without applying
				  for or acquiring a branch office license in his or her own name, provided
				  another real estate broker member of the partnership has a current branch
				  office license at the location in question.
1. New section
				  filed 1-16-76; effective thirtieth day thereafter (Register 76, No.
				  3).
2. Repealer and new section heading, section and NOTE filed
				  10-6-2009; operative 11-5-2009 (Register 2009, No.
				  41).
Note: Authority cited: Sections
					 10080,
					 10226,
					 11001
					 and
					 11011.8,
					 Business and Professions Code; and Section
					 21082,
					 Public Resources Code. Reference: Sections
					 10132
					 and
					 10137.1,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2728.5 - Broker Associate Operating from Branch Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A real estate broker acting in the capacity of a salesperson
				  to another broker under written agreement may perform acts for which a license
				  is required on behalf of the responsible broker at any place of business at
				  which the responsible broker is currently licensed to perform acts for which a
				  real estate license is required.
1. New section
				  filed 2-10-77; effective thirtieth day thereafter (Register 77, No.
				  7).
2. Amendment of section heading, section and NOTE filed
				  5-31-2018; operative 5-31-2018 pursuant to Government Code section
				  11343.4(b)
				  (Register 2018, No. 22).
Note: Authority cited: Sections
					 10080
					 and
					 11001,
					 Business and Professions Code. Reference: Sections
					 10162
					 and
					 10163,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2729 - Record Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A real estate broker may use electronic image storage media to retain and store
				copies of all listings, deposit receipts, canceled checks, trust records and
				other documents executed by the broker or obtained by the broker in connection
				with any transaction for which a real estate broker license is required,
				provided the following requirements are satisfied:
(1) The electronic image storage shall be
				nonerasable "write once, read many" ("WORM") that does not allow changes to the
				stored document or record.
(2) The
				stored document or record is made or preserved as part of and in the regular
				course of business.
(3) The
				original record from which the stored document or record was copied was made or
				prepared by the broker or the broker's retained staff or employees at or near
				the time of the act, condition or event reflected in the record.
(4) The custodian of the record is able to
				identify the stored document or record, the mode of its preparation, and the
				mode of storing it on the electronic image storage.
(5) The electronic image storage system
				contains a reliable indexing system that provides ready access to a desired
				document or record, appropriate quality control of the storage process to
				ensure the quality of imaged documents or records, and date ordered arrangement
				of stored documents or records to assure a consistent and logical flow of
				paperwork to preclude unnecessary search time.
(6) Records copied and stored under this
				section shall be retained for three years pursuant to Section
				10148 of the
				Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 4 - Brokers › Section 2729.5 - Record Retention-Uniform Electronic Transactions Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A real estate broker who obtains
				documents in connection with any transaction for which a real estate broker
				license is required when such documents contain an electronic signature
				pursuant to the Uniform Electronic Transactions Act (Section
				1633.1 et seq. of the Civil Code)
				or the Electronic Signatures in Global and National Commerce Act shall retain a
				copy of such documents, including the electronic signatures. The broker shall
				retain a copy of such documents by:
1)
				Causing a paper copy of the document to be made or
2) By using electronic image storage media
				pursuant to Section
				2729. The broker may retain copies
				of such documents at a location other than the broker's place of
				business.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 5 - Licenses Under Fictitious Names › Section 2730 - Definitions of Fictitious Name. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  and new Article 5 filed 7-1-59; effective thirtieth day thereafter (Register
				  59, No. 11). For history of former Article 5, See Register 58, No.
				  19.
2. Amendment of Section
				  2730 filed 8-21-63; designated
				  effective 9-20-63 (Register 63, No. 14).
3. Amendment filed
				  10-14-68; effective thirtieth day thereafter (Register 68, No.
				  39).
4. Repealer filed 12-2-74; effective thirtieth day thereafter
				  (Register 74, No. 49).
Note: Authority cited for new Article 5 (Sections
					 2730,
					 2731,
					 2732, and
					 2733); Sections
					 10080,
					 10176.2
					 and
					 11001,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 5 - Licenses Under Fictitious Names › Section 2731 - Use of False or Fictitious Name

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall not use a fictitious
				name in the conduct of any activity for which a license is required under the
				Real Estate Law unless the licensee is the holder of a license bearing the
				fictitious name.
(b) The Bureau
				shall issue a license required under the Real Estate Law only in the legal name
				of the licensee or in the fictitious business name of a broker who presents
				evidence of having complied with the provisions of Sections
				17910 and
				17917 of the Code.
(c) The commissioner may refuse to issue a
				license bearing a fictitious name to a broker if the fictitious name:
(1) Is misleading or would constitute false
				advertising.
(2) Implies a
				partnership or corporation when a partnership or corporation does not exist in
				fact.
(3) Includes the name of a
				real estate salesperson.
(4)
				Constitutes a violation of the provisions of Sections
				17910,
				17910.5,
				17913 or
				17917 of the Code.
(5) Is the name formerly used by a licensee
				whose license has since been revoked.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 5 - Licenses Under Fictitious Names › Section 2732 - True Name or Registered Fictitious Name on License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 8-21-63; designated effective 9-20-63 (Register 63, No.
				  14).
2. Repealer filed 7-1-83; effective thirtieth day thereafter
				  (Register 83, No. 30).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 5 - Licenses Under Fictitious Names › Section 2733 - Grounds for Refusal of Fictitious Name. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-25-60; effective thirtieth day thereafter (Register 60, No.
				  4).
2. Repealer filed 7-1-83; effective thirtieth day thereafter
				  (Register 83, No. 30).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 5 - Licenses Under Fictitious Names › Section 2734 - Operation by Partners from Branch Offices. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-14-68; effective thirtieth day thereafter (Register 68, No.
				  39).
2. Repealer filed 1-16-76; effective thirtieth day thereafter
				  (Register 76, No. 3).
Note: Authority cited: Sections
					 10080,
					 10249.2
					 and
					 11001,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 6 - Corporate Licenses › Section 2740 - Broker Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No acts for which a real estate license is required may be
				  performed for, or in the name of, a corporation when there is no officer of the
				  corporation licensed under Section
				  10158 or
				  10211.
1. New section
				  filed 10-14-68; effective thirtieth day thereafter (Register 68, No.
				  39).
2. Repealer and new section filed 7-1-83; effective thirtieth
				  day thereafter (Register 83, No. 30).
3. Amendment of section
				  heading, section and NOTE filed 11-13-96; operative 11-13-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10132,
					 10158
					 and
					 10211,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 6 - Corporate Licenses › Section 2741 - Officer Not to Have Salesperson's License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 8-21-63; designated effective 9-20-63 (Register 63, No.
				  14).
2. Amendment filed 10-14-68; effective thirtieth day thereafter
				  (Register 68, No. 39).
3. Repealer and new section filed 1-16-79;
				  effective thirtieth day thereafter (Register 79, No. 3).
4. Repealer
				  filed 11-13-96; operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10132,
					 10158,
					 10177(h),
					 and
					 10211,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 6 - Corporate Licenses › Section 2741.5 - Conditions Under Which Officer of a Licensed Corporation May Act as Salesman for IT. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 1-16-79; effective thirtieth day thereafter (Register 79, No. 3). For
				  prior history, see Register 66, No. 25.
Note: Authority cited: Sections
					 10080,
					 10238.1(b),
					 10249.2
					 and
					 11001,
					 Business and Professions Code. Reference: Section
					 10160,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 6 - Corporate Licenses › Section 2742 - Certificate of Status, Qualification or Good Standing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for an original broker
				license for a domestic corporation shall submit with the application, a
				Certificate of Status (Domestic Corporation) executed by the California
				Secretary of State not earlier than 30 days before the date of mailing or
				delivering the application to the headquarters office of the Bureau. However,
				if the applicant is a domestic corporation which filed its original Articles of
				Incorporation not earlier than six (6) months before the date of mailing or
				delivering the application to the headquarters office of the Bureau, Articles
				of Incorporation executed by the California Secretary of State may be submitted
				instead of a Certificate of Status.
(b) An applicant for an original broker
				license for a foreign corporation shall submit with the application, a
				Certificate of Qualification or a Certificate of Good Standing (Foreign
				Corporation) executed by the California Secretary of State not earlier than 30
				days before the date of mailing or delivering the application to the
				headquarters office of the Bureau.
(c) A corporation licensed under Section
				10211 of the Code shall not engage
				in the business of a real estate broker while not in good legal standing with
				the Office of the Secretary of State.
1. Repealer
				  and new section filed 7-1-83; effective thirtieth day thereafter (Register 83,
				  No. 30).
2. New subsection (c) filed 4-1-93; operative 5-1-93
				  (Register 93, No. 14).
3. Amendment of subsection (a) filed
				  11-13-96; operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
4. Change without regulatory effect amending
				  section filed 6-30-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10158
					 and
					 10211,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 6 - Corporate Licenses › Section 2743 - Assignment of Supervisory Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A resolution assigning supervisory
				responsibility over salespersons licensed to a corporate broker is in
				compliance with Section
				10159.2 of the Code if the
				assignment is made by reference to a specified business address or addresses of
				the corporate broker rather than by the listing of the names of salespersons
				subject to the supervision of the broker officer.
(b) In filing the resolution with the Bureau,
				the following information shall be furnished on a form prescribed by the
				Bureau:
(1) Name, business address and license
				number of the corporate broker.
(2)
				Name of the individual broker licensee who was responsible for supervision of
				the salespersons in question immediately preceding the effective date of the
				resolution.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 6 - Corporate Licenses › Section 2744 - Corporation License when NO Remaining Licensed Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
				  30).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 6 - Corporate Licenses › Section 2745 - Disciplinary Action Against Corporate Broker License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-7-73; effective thirtieth day thereafter (Register 73, No.
				  49).
2. Repealer filed 11-27-96; operative 12-27-96 (Register 96,
				  No. 48).
Note: Authority cited: Sections
					 10080,
					 10248.8,
					 10248.9
					 and
					 11001,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 6 - Corporate Licenses › Section 2746 - Corporate Real Estate Brokers, Officers, Directors and Shareholders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time of
				application for, or in the reinstatement of, an original real estate broker
				license, the designated officer shall file a background statement of
				information for each director, the chief executive officer, the president,
				first level vice presidents, secretary, chief financial officer, subordinate
				officers with responsibility for forming policy of the corporation and all
				natural persons owning or controlling more than ten percent of its shares, if
				such person has been the subject of any of the following:
(1) Received an order or judgment issued by a
				court or governmental agency during the preceding 10 years temporarily or
				permanently restraining or enjoining any business conduct, practice or
				employment;
(2) Has had a license
				to engage in or practice real estate or other regulated profession, occupation
				or vocation denied, suspended or revoked during the preceding 10
				years;
(3) Engaged in acts
				requiring a real estate license of any state without the benefit of a valid
				license or permit authorizing that conduct during the preceding 10 years which
				have been enjoined by a court of law or administrative tribunal;
(4) Been convicted of a crime which is
				substantially related to the qualifications, functions or duties of a licensee
				of the Bureau as specified in Section
				2910 of these Regulations
				(excluding drunk driving, reckless driving and speeding
				violations).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7 - Salespersons › Section 2750 - Minimum Age

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A real estate salesperson license shall not be issued to a
				  person who has not attained the age of 18 years.
1. Amendment
				  filed 1-16-76; effective thirtieth day thereafter (Register 76, No.
				  3).
2. Amendment of article heading and section filed 2-23-2010 as
				  an emergency; operative 2-23-2010 (Register 2010, No. 9). A Certificate of
				  Compliance must be transmitted to OAL by 8-23-2010 or emergency language will
				  be repealed by operation of law on the following day.
3. Certificate
				  of Compliance as to 2-23-2010 order transmitted to OAL 5-6-2010 and filed
				  6-29-2010 (Register 2010, No. 27).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10017,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7 - Salespersons › Section 2751 - Notice to Employing Broker. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 10-14-68; effective thirtieth day thereafter (Register 68, No.
				  39).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7 - Salespersons › Section 2752 - Notice of Change of Responsible Broker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a real estate salesperson or
				real estate broker is retained by a responsible broker, the responsible broker
				shall notify the Commissioner of that fact within five days. This notification
				shall be given on a form prepared by the Department and shall be signed by the
				responsible broker and the salesperson or broker retained to act as a
				salesperson. The form of notification shall provide for the furnishing of at
				least the following information:
(1) Name and
				business address of the responsible broker.
(2) Mailing address of the salesperson or
				broker acting as a salesperson, if different from the responsible broker's
				business address.
(3) Date when the
				salesperson or broker acting as a salesperson entered a written retention
				agreement with the responsible broker.
(4) Certification by the salesperson that he
				or she has complied with the provisions of Section
				10161.8(d)
				of the Business and Professions Code.
(5) When a salesperson is entering a
				retention agreement, the name and business address of the real estate broker to
				whom the salesperson was last licensed and the date of termination of that
				relationship.
(6) When a
				salesperson is entering a retention agreement, certification by the salesperson
				that the predecessor responsible broker has notice of the termination of the
				prior relationship.
As an acceptable alternative to (5) and (6) above, the form
				  may be utilized by the predecessor responsible broker to give notice of the
				  termination of the broker/salesperson contract relationship as required by
				  Section
				  10161.8(b)
				  of the Business and Professions Code if this notice is mailed to the
				  Commissioner not more than ten days following such
				  termination.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7 - Salespersons › Section 2753 - Retention of Salesperson's License Certificate. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 7-16-64; effective thirtieth day thereafter (Register 64, No.
				  15).
2. New section filed 1-16-79; effective thirtieth day
				  thereafter (Register 79, No. 3).
3. Amendment filed 12-3-80;
				  effective thirtieth day thereafter (Register 80, No. 49).
4.
				  Amendment filed 11-13-96; operative 11-13-96 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 96, No. 46).
5. Repealer filed 1-21-2022; operative
				  4-1-2022 (Register 2022, No. 3).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10160,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7 - Salespersons › Section 2754 - Licensees Must File Address. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-17-53; effective thirtieth day thereafter (Register 53, No.
				  14).
2. Amendment filed 8-21-63; designated effective 9-20-63
				  (Register 63, No. 14).
3. Amendment filed 10-14-68; effective
				  thirtieth day thereafter (Register 68, No. 39).
4. Repealer filed
				  1-16-76; effective thirtieth day thereafter (Register 76, No.
				  3).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7 - Salespersons › Section 2755 - Salesperson Working for Partnership. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-14-68; effective thirtieth day thereafter (Register 68, No.
				  39).
2. Repealer and new section filed 7-1-83; effective thirtieth
				  day thereafter (Register 83, No. 30).
3. Repealer filed 10-6-2009;
				  operative 11-5-2009 (Register 2009, No. 41).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10132
					 and
					 10137.1,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7 - Salespersons › Section 2756 - Salesperson Performance of Mortgage Loan Origination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A salesperson must obtain and be maintaining a mortgage loan
				  originator license endorsement and be retained by a licensed real estate broker
				  who has obtained and is maintaining a mortgage loan originator license
				  endorsement to perform acts for which a mortgage loan originator license
				  endorsement is required.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No. 27).
3.
				  Amendment filed 1-21-2022; operative 4-1-2022 (Register 2022, No.
				  3).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10132,
					 10166.01(b),
					 10166.02,
					 10166.07(a),
					 10166.11(a),
					 10166.11(b)
					 and
					 10166.12(a),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7.5 - Mortgage Loan Originator License Endorsement › Section 2758.1 - Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The examination
				to qualify for a mortgage loan originator license endorsement shall be
				administered through the federal Nationwide Mortgage Licensing System and
				Registry and will consist of a national component and California state
				component. No portion of the examination is applicable, or a condition
				precedent, to the application required to obtain a real estate license in
				California.
(b) A person taking the
				examination to qualify for a mortgage loan originator license endorsement shall
				abide by the rules, policies, and procedures set forth by the Nationwide
				Mortgage Licensing System and Registry.
1. New article
				  7.5 (sections
				  2758.1-2758.7) and section filed
				  2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No.
				  27).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10150(d),
					 10151(e),
					 10166.02(b)(2),
					 10166.02(d)
					 and
					 10166.06,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7.5 - Mortgage Loan Originator License Endorsement › Section 2758.2 - Fingerprints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to apply for a mortgage loan originator license
				  endorsement, an applicant must submit his or her fingerprints to the Nationwide
				  Mortgage Licensing System and Registry. The submission of fingerprints shall be
				  in addition to the fingerprint submission requirement to obtain a California
				  real estate license.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No.
				  27).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10150(d),
					 10151(e),
					 10166.02(b)(2),
					 10166.02(d)
					 and
					 10166.04(a)(1),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7.5 - Mortgage Loan Originator License Endorsement › Section 2758.3 - Evidence of Financial Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner's finding required by Section
				  10166.05(c)
				  of the Business and Professions Code relates to any matter, personal or
				  professional, that may impact upon an applicant's propensity to operate
				  honestly, fairly, and efficiently when engaging in the fiduciary role of a
				  mortgage loan originator.
In order to apply for a mortgage loan originator license
				  endorsement, an applicant shall authorize the Nationwide Mortgage Licensing
				  System and Registry (NMLSR) to obtain the applicant's current credit report.
				  The credit report will be used as needed to validate the applicant's responses
				  to the NMLSR's electronic application form, in order to support the
				  Commissioner's finding required by Section
				  10166.05(c)
				  of the Business and Professions Code.
(a) The applicant may be precluded from
				obtaining a mortgage loan originator license endorsement where his or her
				personal history includes:
(1) any liens or
				judgments for fraud, misrepresentation, dishonest dealing, and/or mishandling
				of trust funds, or
(2) other liens,
				judgments, or financial or professional conditions that indicate a pattern of
				dishonesty on the part of the applicant.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7.5 - Mortgage Loan Originator License Endorsement › Section 2758.4 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The fee to obtain and maintain a mortgage loan originator
				  license endorsement shall consist of a processing fee charged by the Nationwide
				  Mortgage Licensing System and Registry and an annual license endorsement fee
				  charged by the Bureau. The annual license endorsement fee is $300. Fees
				  submitted to obtain a license endorsement are deemed earned upon
				  receipt.
A licensee who applies for a mortgage loan originator license
				  endorsement during 2010 shall pay a fee of $300, which will be for the
				  licensee's 2011 license endorsement. A licensee who makes his or her original
				  application for a license endorsement in 2011 or later shall pay a fee of $300
				  for the year in which the licensee applies, except that a license endorsement
				  application approved after October 31 of a given year will be valid until
				  December 31 of the following year.
A licensee who holds a mortgage loan originator license
				  endorsement may apply to renew the license endorsement in November and December
				  for the following calendar year. The license endorsement renewal application is
				  entered via the Nationwide Mortgage Licensing System and Registry, and the
				  license endorsement fee for the renewal shall be paid to the Nationwide
				  Mortgage Licensing System and Registry during the November/December processing
				  period.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No. 27).
3.
				  Change without regulatory effect amending first paragraph filed 6-30-2014
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Section
					 10166.17(b),
					 Business and Professions Code.