reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 1 - Administration › Section 250.11.1 - Telephone Transceiving Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Messages directed to the San Francisco and Los Angeles
					 offices of the Commissioner by means of Xerox Telecopier, Magnafax, or other
					 compatible telephone transceiving equipment will be accepted by the Commission
					 as complying with the requirement of notification under Section
					 25111(c)
					 of the Corporations Code concerning the date and time when a federal
					 registration statement has become effective and with respect to the content of
					 the price amendment, if any. Such notification must be followed up by filing of
					 a posteffective amendment to the application containing the information and
					 documents in the price amendment, and telephone transceiving equipment may not
					 be utilized for that filing.
1. New
					 section filed 4-6-72 as an emergency; effective upon filing (Register 72, No.
					 15).
2. Certificate of Compliance filed 7-20-72 (Register 72, No.
					 30).
3. Editorial correction (Register 73, No. 17).
4.
					 Editorial correction of NOTE filed 6-7-83 (Register 83, No.
					 24).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Section
						25111,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 1 - Administration › Section 250.13 - Applications and Reports. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-21-82; effective thirtieth day thereafter (Register 82, No.
					 43).
Note: Authority cited: Section
						17771,
						Business and Professions Code; Sections
						25610,
						27003
						and
						31502,
						Corporations Code; Sections
						12300,
						14201,
						17400,
						18347,
						22400,
						24400 and
						30006,
						Financial Code; and Sections
						1344
						and
						35190,
						Health and Safety Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 1 - Administration › Section 250.14 - Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the statute or these rules require a document to
					 be verified, it shall be verified in accordance with the provisions of Sections
					 446
					 and
					 2015.5
					 of the California Code of Civil Procedure.
1. Editorial
					 correction adding NOTE filed 6-7-83 (Register 83, No. 24).
2.
					 Editorial correction of NOTE filed 8-28-85; effective thirtieth day thereafter
					 (Register 85, No. 35).
3. Change without regulatory effect amending
					 NOTE filed 6-3-94 pursuant to title 1, section
					 100, California Code of
					 Regulations (Register 94, No. 22).
4. Change without regulatory
					 effect amending NOTE filed 12-6-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
5. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Section
						17771,
						Business and Professions Code; Sections
						25610,
						27003,
						29561
						and
						31502,
						Corporations Code; Sections
						12300,
						14201,
						17400,
						18347,
						22150,
						28951,
						30006 and
						50304,
						Financial Code; Sections
						1344
						and
						35190,
						Health and Safety Code and Section
						5155, Labor
						Code. Reference: Sections
						17750-
						17781,
						Business and Professions Code; Sections
						25000-
						25804,
						27000-
						27202,
						28000-
						28958,
						29500-
						29572
						and
						31000-
						31516,
						Corporations Code; Sections
						1340-
						1399
						and
						35100-
						35237,
						Health and Safety Code; Sections
						12000-
						12403,
						14000-
						15451,
						17000-
						17654,
						18000-
						18705,
						22000-
						22780,
						30000-
						30704 and
						50000-
						50602,
						Financial Code; and Sections
						5150-
						5210, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 1 - Administration › Section 250.16 - Abandonment and Withdrawal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner may by notice to the applicant order an
					 application to be abandoned upon the failure of the applicant within a
					 reasonable time to respond to any request for additional information or
					 otherwise to complete the showing required for action upon the application; or
					 the applicant may with the consent of the Commissioner withdraw his
					 application. There can be no refund of the filing fee paid upon abandonment or
					 withdrawal of the application.
1. Editorial
					 correction adding NOTE filed 6-7-83 (Register 83, No. 24).
2.
					 Editorial correction of NOTE filed 8-28-85; effective thirtieth day thereafter
					 (Register 85, No. 35).
3. Change without regulatory effect amending
					 NOTE filed 6-3-94 pursuant to title 1, section
					 100, California Code of
					 Regulations (Register 94, No. 22).
4. Change without regulatory
					 effect amending NOTE filed 12-6-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
5. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Section
						17771,
						Business and Professions Code; Sections
						25610,
						27002,
						28951,
						29561
						and
						31502,
						Corporations Code; Sections
						12300,
						14201,
						17400,
						18347,
						22150,
						30006 and
						50304,
						Financial Code; Sections
						1344
						and
						35190,
						Health and Safety Code; and Section
						5155, Labor
						Code. Reference: Sections
						17750-
						17781,
						Business and Professions Code; Sections
						25000-
						25804,
						27000-
						27202,
						28000-
						28958,
						29500-
						29572
						and
						31000-
						31516,
						Corporations Code; Sections
						12000-
						12403,
						14000-
						15451,
						17000-
						17654,
						18000-
						18705,
						22000-
						22780,
						30000-
						30704 and
						50000-
						50602,
						Financial Code; and Sections
						5150-
						5210, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.17 - Scope of this Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article governs the conduct of all hearings held in
					 connection with matters pending before the Commissioner, except hearings
					 required by law to be conducted according to the California Administrative
					 Procedure Act (Chapter 5, commencing with Section
					 11500, of Part 1 of Division 3 of
					 Title 2 of the Government Code), but including those hearings where a person
					 entitled to a hearing in accordance with the provisions of the Administrative
					 Procedure Act has consented to a hearing before the Department pursuant to
					 Sections
					 25702
					 and
					 31513 of
					 the Corporations Code.
1. Amendment
					 filed 10-21-82; effective thirtieth day thereafter (Register 82, No.
					 43).
2. Change without regulatory effect amending NOTE filed 12-6-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Sections
						25610,
						27003,
						28951
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.18 - Initiation of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each hearing before the Department is commenced by the
					 filing and service of a notice of hearing. A notice of hearing is a written
					 statement prepared by the Commissioner which sets forth the matters to be
					 considered at the hearing in sufficient detail to permit the respondent or
					 other interested parties to prepare and present their allegations, and evidence
					 in support thereof, at the hearing and shall contain the following:
(a) A brief statement of the facts which give
				  rise to the hearing.
(b) A
				  statement of the issues to be considered at the hearing, together with a
				  reference to the relevant statutes and rules.
(c) The time and place of the
				  hearing.
1. New NOTE
					 filed 8-28-85; effective thirtieth day thereafter (Register 85, No.
					 35).
2. Change without regulatory effect amending NOTE filed 12-6-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Sections
						25610,
						27003
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150,
						28951 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.19 - Service of Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of any hearing shall be:
(a) Posted on the bulletin board in the
				  appropriate office of the Department;
(b) If so ordered by the Commissioner in a
				  particular case, published at least once in a newspaper of general circulation
				  published in such county or city and county as the Commissioner may designate
				  in such order; and
(c) Served upon
				  each respondent and such other interested party or parties as ordered by the
				  Commissioner by personal service or mail. Service may be proved in the manner
				  provided by law for service of papers by mail in civil actions.
1. New NOTE
					 filed 8-28-85; effective thirtieth day thereafter (Register 85, No.
					 35).
2. Change without regulatory effect amending NOTE filed 12-6-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Sections
						25610,
						27003,
						28951
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.20 - Time of Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The notice of hearing shall be posted, published (if
					 required) and served not less than 10 days nor more than 30 days prior to the
					 date fixed for the hearing, unless the Commissioner for good cause shown
					 prescribes a shorter time of notice.
1. New NOTE
					 filed 8-28-85; effective thirtieth day thereafter (Register 85, No.
					 35).
2. Change without regulatory effect amending NOTE filed 12-6-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Sections
						25610,
						27003,
						28951
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150 and
						50304,
						Financial Code; and Section
						5155 Labor Code. Reference:
						Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.21 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to and during the hearing, the hearing officer may
					 issue subpoenas and subpoenas duces tecum at the request of any interested
					 party in the manner prescribed by Sections
					 11450.10,
					 11450.20
					 and
					 11450.40
					 of the Government Code for subpoenas and subpoenas duces tecum in civil
					 actions.
1. Amendment
					 filed 10-21-82; effective thirtieth day thereafter (Register 82, No.
					 43).
2. Change without regulatory effect amending NOTE filed 12-6-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
4. Change without regulatory
					 effect amending section filed 6-3-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 23).
Note: Authority cited: Sections
						25610,
						27003,
						28951
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.22 - Continuances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing shall be held at the time and place set forth in
					 the notice of hearing, but may at such time or from time to time be continued
					 by the hearing officer from day to day or adjourned to a later date or to a
					 different place, without notice other than the announcement thereof at the
					 hearing.
1. New NOTE
					 filed 8-28-85; effective thirtieth day thereafter (Register 85, No.
					 35).
2. Change without regulatory effect amending NOTE filed 12-6-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Sections
						25610,
						27003,
						28951
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.23 - Hearing Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A reporter shall record the proceedings of each hearing,
					 unless the Commissioner otherwise directs upon request of the applicant. All
					 documents offered and received into evidence at the hearing shall be numbered
					 as exhibits and made a part of the record.
1. New NOTE
					 filed 8-28-85; effective thirtieth day thereafter (Register 85, No.
					 35).
2. Change without regulatory effect amending NOTE filed 12-6-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Sections
						25610,
						27003,
						28951
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.24 - Procedure and Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A representative of the Department shall first introduce
					 appropriate evidence necessary to establish the jurisdiction of the
					 Commissioner and the scope of the hearing. Thereafter, the hearing officer
					 shall determine the order in which evidence may be presented, as required by
					 the circumstances of the particular matter. Witnesses shall give evidence upon
					 oath or affirmation and each interested party shall have the right to call and
					 examine witnesses and to cross-examine opposing witnesses in any manner
					 relevant to the issues. Any relevant evidence shall be admitted if it is the
					 type of evidence upon which responsible persons are accustomed to rely in the
					 conduct of serious affairs, whether or not admissible over objection in a civil
					 action. The hearing officer shall have authority to administer oaths and
					 affirmations, to rule on the admission or exclusion of evidence and to take all
					 necessary action to insure a fair and orderly conduct of the hearing. The
					 hearing officer may take official notice of any generally accepted technical or
					 scientific matter within the Commissioner's special field of competency and
					 also of any fact which may be judicially noticed by the
					 courts.
1. New NOTE
					 filed 8-28-85; effective thirtieth day thereafter (Register 85, No.
					 35).
2. Change without regulatory effect amending NOTE filed 12-6-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Sections
						25610,
						27003,
						28951
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 2 - Hearings › Section 250.25 - Cost of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an applicant requests that a hearing be held, the
					 Commissioner shall estimate the expenses to be incurred in noticing and
					 conducting the hearing, and the applicant shall deposit the estimated amount in
					 cash with the Commissioner prior to the hearing date, together with written
					 instructions authorizing the distribution thereof. In the event the expense
					 incurred exceeds the estimate, an additional deposit may be required before the
					 decision is rendered. Any amount deposited in excess of the expenses actually
					 incurred will be returned to the applicant.
1. Editorial
					 correction adding NOTE filed 6-7-83 (Register 83, No. 24).
2. Change
					 without regulatory effect amending NOTE filed 12-6-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
3. Change without regulatory
					 effect amending NOTE filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
Note: Authority cited: Sections
						25610,
						27003,
						28951
						and
						31502,
						Corporations Code; Sections
						17400,
						18347,
						22150 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25702,
						27201,
						28955
						and
						31513,
						Corporations Code; Sections
						17604,
						18117,
						18349,
						18353,
						18360,
						18367,
						22717 and
						50331,
						Financial Code; and Section
						5207, Labor
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 4 - Permit Reform Act › Section 250.50 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 4 (Sections
					 250.50 and
					 250.51) filed 9-20-84; effective
					 thirtieth day thereafter (Register 84, No. 38).
2. Repealer filed
					 9-23-2009; operative 10-23-2009 (Register 2009, No.
					 39).
Note: Authority cited: Sections
						15376 and
						15378,
						Government Code. Reference: Sections
						15376 and
						15378,
						Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 4 - Permit Reform Act › Section 250.51 - Permit Processing Times. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect amending table filed 2-24-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
2. Change without regulatory
					 effect amending table filed 9-25-2002 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 39).
3. Amendment of table filed
					 12-16-2002; operative 12-16-2002 pursuant to Government Code section
					 11343.4
					 (Register 2002, No. 51).
4. Amendment of table filed 3-13-2003 as an
					 emergency; operative 3-14-2003 (Register 2003, No. 11). A Certificate of
					 Compliance must be transmitted to OAL by 7-14-2003 or emergency language will
					 be repealed by operation of law on the following day.
5. Amendment
					 of table refiled 7-14-2003 as an emergency; operative 7-14-2003 (Register 2003,
					 No. 29). A Certificate of Compliance must be transmitted to OAL by 11-12-2003
					 or emergency language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 7-14-2003 order transmitted
					 to OAL 11-3-2004; Certificate of Compliance withdrawn 12-15-2003 and
					 reinstatement of section as it existed prior to 7-14-2003 emergency amendment
					 by operation of Government Code section
					 11346.1(f)
					 (Register 2004, No. 17).
7. Amendment of table filed 4-20-2004;
					 operative 4-20-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 17).
8. Repealer filed 9-23-2009; operative
					 10-23-2009 (Register 2009, No. 39).
Note: Authority cited: Sections
						25610
						and
						35006,
						Corporations Code; and Sections
						12300,
						17400,
						22150,
						23015 and
						30006,
						Financial Code. Reference: Sections
						25610
						and
						35006,
						Corporations Code; and Sections
						12300,
						17400,
						22150,
						23015 and
						30006,
						Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 5 - Limitations on Licenses and Certificates to Aliens › Section 250.60 - Limitations on Licenses and Certificates to Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section shall apply to any
				  individual (e.g., sole proprietorship) who is applying for any of the
				  following:
(1) Broker-Dealer Certificate
				  (Corporations Code Section
				  25211).
(2) Investment Adviser Certificate
				  (Corporations Code Section
				  25231).
(3) Finance Lender or Broker License
				  (Financial Code Section
				  22101).
(4) Residential Mortgage Lender and/or
				  Servicer Licenses (Financial Code Sections
				  50122 and
				  50130).
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 5 - Limitations on Licenses and Certificates to Aliens › Section 250.61 - Statement of Citizenship, Alienage, and Immigration Status for Application of Department of Business Oversight License or Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any individual owner (e.g., sole
				  proprietorship) who is applying for any license or certificate described in
				  subsection (a) of Section
				  250.60 shall include the following
				  form as part of the application for that license or certificate:
STATE OF CALIFORNIA DEPARTMENT OF BUSINESS
					 OVERSIGHT
STATEMENT OF CITIZENSHIP, ALIENAGE, AND IMMIGRATION
					 STATUS FOR APPLICATION OF DEPARTMENT OF BUSINESS OVERSIGHT LICENSE OR
					 CERTIFICATE
Print Name of Applicant (the applicant is the
							 individual who wants the license or certificate).
Date
Print Name of Person Acting for Applicant, if
							 any.
Relationship to Applicant
LICENSES AND CERTIFICATES TO CITIZENS AND ALIENS
Citizens and nationals of the United States who meet all
					 eligibility requirements and apply for a license or certificate must fill out
					 Sections A and D of this form.
Aliens who meet all eligibility requirements and apply for
					 a license or certificate must complete Sections A, B, C (if applicable), and D
					 of this form.
SECTION A
:
				  CITIZENSHIP/IMMIGRATION STATUS DECLARATION
1. Is the applicant a citizen or national of
				  the United States?
Yes []
No []
If the answer to the above question is "Yes", where was
					 he/she born? __________(City/State)
2. To establish citizenship or nationality,
				  please submit one of the documents on List A (attached hereto), which must be
				  legible and unaltered to establish proof.
IF YOU ARE A CITIZEN OR NATIONAL OF THE UNITED STATES,
					 PROCEED DIRECTLY TO SECTION D. IF YOU ARE AN ALIEN, PLEASE COMPLETE SECTION B,
					 SECTION C (IF APPLICABLE), AND SECTION D.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 6 - Administrative Penalties › Section 250.70 - Administrative Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In determining the amount of any administrative penalty levied or assessed
				  against any person subject to Part 3, Division 1, Title 4 of the Corporations
				  Code for each violation of any statute, rule, or order, the Commissioner may
				  consider a variety of factors including, but not limited to, the following:
(1) The nature and seriousness of the
				  violations including actual or potential harm to the public or
				  consumer.
(2) The number and
				  persistence of violations and the length of time over which they
				  occurred.
(3) The person's history
				  of violations or complaints with the Department, other agencies or
				  regulators.
(4) Whether the
				  person's conduct was negligent, willful, or knowing, and the extent to which it
				  was negligent, willful, or knowing.
(5) The person's financial condition
				  including net worth and revenue.
(6) The nature and extent to which the person
				  cooperated with the Department's investigation.
(7) Whether the person aggravated or
				  mitigated any injury or damage caused by the violations.
(8) The nature and extent to which the person
				  has taken corrective action to ensure that violations will not
				  reoccur.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.000 - Section Numbers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The section numbers in this Subchapter 2 of these rules are
					 keyed to the section numbers in the Corporate Securities Law of 1968. The
					 section numbers in this subchapter all commence with "260" with a decimal point
					 and three numbers following the decimal point which correspond to the last
					 three numbers of the relevant section in the Corporate Securities Law of 1968.
					 For example, Section "260.017" is a rule adopted relating to Section
					 25017 of the Corporate Securities
					 Law of 1968. Where there is more than one rule relating to a particular section
					 the second three numbers are followed by a second decimal point and one or more
					 further numbers to distinguish the different rules adopted relating to that
					 same section. Where there are many rules relating to a single section, as for
					 example under Section
					 25140 of the Corporate Securities
					 Law of 1968 dealing with the "fair, just and equitable" standard, the last set
					 of numbers are not always consecutive, in order that additional sections can be
					 added without renumbering all of the rules relating to that Code
					 section.
These Rules may be cited without the prefactory numbers
					 "260" where the context makes clear that a rule under the Corporate Securities
					 Law of 1968 is referred to.
1. Repealer
					 of Subchapter 2 (§§
											300 through
					 860) and new Subchapter 2
					 (§§
											260.000 through
					 260.617 not consecutive) filed
					 11-15-68; designated effective 1-2-69 (Register 68, No. 43). For prior
					 regulations, see Registers: 12, No. 9; 54, No. 6; 56, Nos. 8, 12; 60, Nos. 6,
					 15; 61, Nos. 4, 22; 62, No. 2; 63, No. 20; 65, No. 14; 67, Nos. 40 and
					 43.
Note: Authority cited for Subchapter 2: Sec.
						25308, Corporations Code, and
						Secs. 25610,
						25612 and
						25614 of the Corporate Securities
						Law of 1968.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.004 - Certification of Exchanges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any exchange that desires to be certified as excluded from the definition of a
				  "broker-dealer" pursuant to subdivision (a)(7) of Section
				  25004 of the Code shall file a
				  written request for certification with the Commissioner. In addition to the
				  most recent audited financial statement of the exchange, the request shall
				  include the provisions of the governing documents of the exchange regarding the
				  following:
(1) the rights and obligations
				  imposed upon holders and writers of options;
(2) the requirements for approval of
				  underlying stock and the issuers thereof;
(3) the limitations on the number of options
				  covering a given stock which may be exercised by a holder or group of holders
				  within a specified period;
(4) the
				  limitations imposed upon the number of options which may be written, held or
				  exercised by a single writer or investor, or group of investors;
(5) the restrictions on trading in options
				  upon the occurrence of specified conditions;
(6) the requirements imposed upon members of
				  the exchange, including net capital requirements, margin requirements
				  applicable to accounts of member firms and their customers and recordkeeping
				  requirements;
(7) the requirements
				  imposed upon exchange members regarding the approval of a prospective
				  customer's account, including information required as to the customer's
				  investment objectives, financial status and needs; and
(8) the procedures for the suspension of
				  members.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.004.1 - Associated Persons of an Issuer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term "broker-dealer," as defined in
				  section 25004 of the Corporate Securities
				  Law of 1968, does not include an associated person of an issuer who is deemed
				  not to be a broker pursuant to Rule 3a4-1 under the Securities Exchange Act of
				  1934 as amended (17 C.F.R.
				  240.3a4-1) ("Rule 3a4-1")(50 FR 27946,
				  July 9, 1985). For purposes of this rule, (i) "associated person of an issuer"
				  will have the same meaning as is given such term in Rule 3a4-1; provided,
				  however, than an associated person will not be entitled to rely on this section
				  260.004.1 if the associated person
				  has done any of the acts, satisfies any of the circumstances, or is subject to
				  any order specified in section
				  25212, subdivisions (a) through
				  (i) of the Corporate Securities Law of 1968. No presumption will arise that an
				  associated person of an issuer is a "broker-dealer" solely by reason of his or
				  her participation in the offer and sale of securities of the issuer if he or
				  she does not meet the conditions specified in Rule 3a4-1.
1. New
					 section filed 5-4-2011; operative 6-3-2011 (Register 2011, No.
					 18).
Note: Authority cited: Sections
						25204
						and
						25610,
						Corporations Code. Reference: Section
						25004,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.008 - Circulation of Publications in this State

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining whether a newspaper or other publication has
					 had more than two-thirds of its circulation outside this State during the past
					 12 months for the purposes of subdivision (c) of Section
					 25008 of the Code, in the case of
					 a newspaper or magazine which publishes a separate edition circulated in this
					 State which does not carry the same advertising as that of other editions of
					 the same publication, such separate edition shall be considered a separate
					 newspaper or magazine from the other editions of the same publication with
					 respect to any advertisement which is not to be carried in all editions of the
					 newspaper or magazine.
1. Editorial
					 correction adding NOTE filed 3-9-83 (Register 83, No.
					 11).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Section
						25008,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.011 - Indirect Benefit to the Issuer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "purchase price" as used in Section
					 25011 of the Code includes only
					 the specific consideration bargained for in return for the securities (which
					 may include the making of a loan to the issuer); it does not include any
					 remote, contingent or incidental benefit which may accrue to the issuer, such
					 as (without limitation) the inducement to a person to become or remain an
					 employee of the issuer or perform other services for the issuer, even though a
					 motive of the seller or the purchaser is to obtain such remote, contingent or
					 incidental benefit for the issuer.
1. Editorial
					 correction adding NOTE filed 3-9-83 (Register 83, No.
					 11).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Sections
						25011,
						25101,
						25102,
						25104,
						25110
						and
						25130,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.017 - Stock Dividend

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  term "stock dividend" as used in subdivision (f) of Section
				  25017 of the Code and this section
				  means the issuance of additional shares (including treasury shares) of the
				  issuer to its existing shareholders, or to the shareholders of a class, pro
				  rata according to the shares previously held (except for any cash or scrip paid
				  for fractional shares), without consideration other than the transfer from
				  surplus to stated capital of an amount equal to or greater than the par, stated
				  or market value of the shares distributed, but without any other consideration
				  being paid by the shareholders, and not by an amendment to the articles of
				  incorporation stating the effect on outstanding shares. The term "stock
				  dividend" does not include a stock split (as defined in Section
				  260.103.2 of these rules),
				  exchange or reclassification of shares.
(b) A stock dividend is not payable "solely
				  in shares of such common stock" within the meaning of subdivision (f) of
				  Section 25017 of the Code when the
				  shareholders are given an option to accept either cash or the additional shares
				  of common stock.
(c) A stock
				  dividend is not payable "in shares of such common stock, if the corporation has
				  no other class of voting stock outstanding" within the meaning of subdivision
				  (f) of Section
				  25017 of the Code unless (1) such
				  dividend is payable in shares of voting common stock and (2) such voting common
				  stock is of the same class as the class upon which the dividend is
				  paid.
(d) Stock dividends which are
				  included in the definition of "sale" are transactions requiring qualification
				  under Section
				  25110 or
				  25120 of the Code, as appropriate,
				  unless otherwise exempted by Section
				  25100,
				  25102,
				  25103 or
				  25105 of the Code.
1. Amendment
					 filed 8-7-85; effective thirtieth day thereafter (Register 85, No.
					 32).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Sections
						25017,
						25100,
						25102,
						25103,
						25105,
						25110
						and
						25120,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.017.1 - Voting Stock

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "voting stock" as used in subdivision (f) of
					 Section 25017 and the term "voting shares"
					 as used in Sections
					 260.105.6(b),
					 260.105.6(c) and
					 260.105.17(a)(4)(A)
					 of these rules mean any stock presently entitling the owner or holder thereof
					 to vote in elections of directors. Such terms do not include any security which
					 entitles the owner or holder thereof to vote in elections of directors only
					 upon the happening of an event or contingency which has not yet
					 occurred.
1. Editorial
					 correction adding NOTE filed 3-9-83 (Register 83, No. 11).
2.
					 Amendment of section and NOTE filed 9-24-2009; operative 10-24-2009 (Register
					 2009, No. 39).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Section
						25017,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.017.2 - Changes Effected Through Shareholders' Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "any change in the rights, preferences,
					 privileges, or restrictions of or on outstanding securities" as used in
					 subdivision (a) of Section
					 25017 of the Code includes changes
					 in the rights, preferences, privileges, or restrictions of or on outstanding
					 securities of a corporation effected through the adoption, modification or
					 termination of provisions of a shareholders' agreement, which provisions,
					 except for the second sentence of Section
					 204(a) or other
					 provision of the Code, or a substantially similar provision of the law of a
					 foreign jurisdiction, would be required to be in the articles of incorporation
					 or bylaws to be effective.
1. New
					 section filed 5-15-78; effective thirtieth day thereafter (Register 78, No.
					 20).
2. Editorial correction of NOTE filed 3-9-83 (Register 83, No.
					 11).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Sections
						25017,
						25103
						and
						25120,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.017.3 - Change in Close Corporation Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "any change in the rights, preferences,
					 privileges, or restrictions of or on outstanding securities" as used in
					 subdivision (a) of Section
					 25017 of the Code includes, but is
					 not limited to, the addition to or deletion from the articles of incorporation
					 of the provisions prescribed by Section
					 158(a) of the
					 Code with respect to close corporations (see Sections
					 418(d) and
					 421 of the Code relating to
					 restrictions on the transfer of shares and Sections
					 158(c),
					 1111 and
					 1201(e) relating
					 to restrictions on voting rights).
1. New
					 section filed 5-15-78; effective thirtieth day thereafter (Register 78, No.
					 20).
2. Editorial correction of NOTE filed 3-9-83 (Register 83, No.
					 11).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Section
						25017,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.019 - Commodity Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "security" as used in Section
					 25019 of the Code does not include
					 any discretionary account maintained by a customer with a commodity broker for
					 trading in commodities or commodity futures.
1. Editorial
					 correction adding NOTE filed 3-9-83 (Register 83, No.
					 11).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Section
						25019,
						Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.019.1 - Voluntary Inter Vivos Trusts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term "voluntary inter vivos trust" as
				  used in Section
				  25019 of the Code includes, but is
				  not limited to, (1) either a charitable remainder annuity trust or charitable
				  remainder unitrust as defined in Section
				  664 of the Internal Revenue Code,
				  and (2) a pooled income fund as defined in Section
				  642(c)(5) of the
				  Internal Revenue Code.
(b) A trust
				  is presumptively a "voluntary inter vivos trust" within the meaning of that
				  term as used in Section
				  25019 of the Code if each of the
				  following conditions is met:
(1) It is an
				  express trust created during the life of the trustor, which trust may be
				  revocable or irrevocable.
(2) The
				  obligations of the trustee are in accord with Article 2 (commencing with
				  Section 2258) of Division Third, Part 4,
				  Title 8, Chapter 1 of the Civil Code, and the trustee is not authorized or
				  directed, expressly or by implication, to commingle by loan or otherwise the
				  corpus or any part thereof with the personal assets of the trustee, or with the
				  assets of any person entitled to a remainder interest.
(3) No beneficiary, other than the trustor if
				  the trustor is a beneficiary, and no person entitled to any remainder interest
				  in the trust, pays any consideration for such interest.
California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 1 - Definitions › Section 260.019.2 - Non-Business Trusts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A voluntary inter vivos trust is not "created for the
					 purpose of carrying on any business" within the meaning of Section
					 25019 of the Code, merely because
					 the trustee invests and reinvests the assets of the trust in passive
					 investments, provided a primary purpose of the trust evidences an intent to
					 presently or ultimately benefit one or more specified eleemosynary
					 organizations.
1. New
					 section filed 1-22-75; effective thirtieth day thereafter (Register 75, No.
					 4).
2. Editorial correction of NOTE filed 3-9-83 (Register 83, No.
					 11).
Note: Authority cited: Section
						25610,
						Corporations Code. Reference: Section
						25019,
						Corporations Code.