California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 11 - Securities Depositories › Section 1805.204 - Application for Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for a certificate as a securities depository
				  shall be made on the following form:
DEPARTMENT OF BUSINESS OVERSIGHT FILE NO.
______________________________
(insert file number of previous filings before the
				  Department, if any.)
FEE:
$2,500
(not refundable)
Date of Application_________________________
DEPARTMENT OF BUSINESS OVERSIGHT STATE OF
				  CALIFORNIA
INDICATE THE TYPE OF FILING BY CHECKING EITHER THE ORIGINAL
				  OR AMENDMENT APPLICATION HEADING SHOWN BELOW.
[] ORIGINAL APPLICATION FOR A CERTIFICATE AS A SECURITIES
				  DEPOSITORY PURSUANT TO SECTION
				  30204 OF THE SECURITIES DEPOSITORY
				  LAW.
[] AMENDMENT TO APPLICATION FOR A CERTIFICATE AS A SECURITIES
				  DEPOSITORY PURSUANT TO SECTION
				  1805.213.1 OF TITLE 10 OF THE
				  CALIFORNIA CODE OF REGULATIONS.
1.
				Name of Applicant (Complete name as appearing on articles of incorporation)
___________________________
2. Address of principal office of applicant
Number and
						  Street
City
State
Zip Code
___________________________
3.
				Address of principal office of applicant in the State of California
Number and
						  Street
City
State
Zip Code
___________________________
4.
				Name and address of person to whom communications should be addressed
				concerning this application
___________________________
5.
(a) State in which applicant was
						  incorporated:
___________________________
(b) Date on which applicant was
						  incorporated:
___________________________
(c) Is applicant in good standing in the
						  State of its incorporation?
___________________________
Indicate "yes" or "no"
___________________________
6.
				The name and address of the independent certified public accountant or
				independent public accountant retained, or to be retained, by the applicant to
				report upon or certify its financial statements in accordance with Section
				30213 of
				the Financial Code is:
___________________________
Name:
Address:
7. There are attached as exhibits the
				following which are incorporated herein by reference:
A. A list of the incorporators, directors and
				officers of the applicant, showing the full name of each such person, his
				residence address and the position or positions he occupies with the
				applicant.
B. A list of all
				addresses at which facilities of the applicant will be located, setting forth
				as to each such address the following information:
(1) The functions or operations which will be
				conducted.
(2) The facilities
				(including staff) to be there employed.
(3) A statement as to whether or not any
				other business will be conducted at such address and, if so, the name of the
				person conducting such other business and a description thereof, together with
				a detailed statement of the reasons for such joint occupancy and of the
				safeguards to be employed by the applicant by reason
				thereof.
C. A detailed
				description of the proposed method of operation of the applicant, including a
				description of the books, records and accounts to be maintained, its
				description of its operational procedures (e.g. interfacing with other
				depositories, dividend payments, stock transfers, dividend claims, proxies and
				proxy statements, loans and pledges of depositors' securities), and a
				description of the safeguards to be employed with respect to the custody,
				handling, record-keeping, insurance and auditing of securities on
				deposit.
D. An analysis of the
				financial needs of the applicant for a period of not less than 12 months of
				operation from the date it anticipates receiving a securities depository
				certificate, showing projected income and disbursements and the source and
				allocation of funds to be employed in its business, together with a statement
				of the facts and assumptions underlying such analysis and
				projections.
E. Financial
				statements of the applicant, which include at least a balance sheet and profit
				and loss statement certified by an independent public accountant or certified
				public accountant, and if such certified financial statements are prepared as
				of a date more than 60 days prior to the filing of this application, a balance
				sheet and profit and loss statement, which need not be certified, prepared as
				of a date within such 60-day period, together with profit and loss statements
				covering at least three years of its operations, or such lesser period as the
				applicant may have operated, to the date of such certified balance
				sheet.
F. A copy (which may be in
				the form of a restated or composite copy) of applicant's articles of
				incorporation, bylaws, depository agreement and custody agreement.
G. A list in columnar form showing, as to
				each person who is or who will be a holder of capital stock of the applicant,
				the following information:
(1) Such person's
				full name and address.
(2) The
				class of capital stock to be held by such person and the percentage of that
				class to be held by such person.
(3) A statement of the capacity in which such
				person holds or win hold capital stock in compliance with Section
				30201 of
				the Financial Code.
H. A
				bond as required by Section
				1805.205.1 of Title 10 of the
				California Code of Regulations.
I.
				Applicant's federal taxpayer identification number provided on a separate
				document which is removable from the completed application. The Department of
				Business Oversight is required to collect from all applicants federal taxpayer
				identification numbers under Business and Professions Code Section
				494.5.
				The federal taxpayer identification number is used to match the information to
				the names on the lists of tax delinquencies provided by the State Board of
				Equalization and the Franchise Tax Board under Business and Professions Code
				Section
				494.5.
				Any disclosed federal taxpayer identification numbers in the completed
				application will be considered confidential information, and will be filed and
				maintained as part of the confidential records not subject to public
				inspection. Refer to Commissioner's Release 2-G for further information
				concerning privacy protection of personal information.