reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 1 - General Provisions › Section 5.3006 - Certification of Corporate Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Commissioner, this Chapter, or any law
						administered by the Commissioner requires that a copy of a resolution of the
						board or of a committee of the board of a corporation filed with the
						Commissioner be certified, the certification shall:
(a) State the title of the office which the
					 person making the certification holds with the corporation.
(b) State that the copy is a true copy of the
					 resolution.
(c)
(1) In case the resolution was adopted by the
					 board, so state and specify the date of adoption.
(2) In case the resolution was adopted by a
					 committee of the board, so state, specify the date of adoption, state the title
					 of the committee, and state that the committee is authorized to exercise the
					 powers of the board with respect to the subject matter of the
					 resolution.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 1 - General Provisions › Section 5.3007 - Certification by Corporate Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever the Commissioner, this Chapter,
					 or any law administered by the Commissioner requires that a document filed with
					 the Commissioner be certified by the secretary of a corporation and does not
					 provide that such document may, in the alternative, be certified by an
					 assistant secretary of such corporation, the certification shall be made by the
					 secretary of the corporation. However, if the corporation has no secretary or
					 if the secretary of the corporation is unavailable, the certification may be
					 made by an assistant secretary of the corporation who is authorized to perform
					 the functions of the secretary, in which case the certification shall (1) state
					 that the corporation has no secretary or that the secretary is unavailable and
					 (2) that the assistant secretary is authorized to perform the functions of the
					 secretary. Also, if the corporation has no secretary or assistant secretary,
					 the certification may be made by the officer of the corporation who performs
					 for the corporation the functions usually performed by the secretary of a
					 corporation, in which case the certification shall state that the corporation
					 has no secretary and that the officer making the certification performs for the
					 corporation the functions usually performed by the Secretary of a
					 corporation.
(b) Whenever the
					 Commissioner, this Chapter, or any law administered by the Commissioner
					 requires that a document filed with the Commissioner be certified by the
					 secretary or by an assistant secretary of a corporation, if such corporation
					 has no secretary or assistant secretary, the certification may be made by an
					 officer of the corporation who performs for the corporation the functions
					 usually performed by the secretary or by an assistant secretary of a
					 corporation, in which case the certification shall state that the corporation
					 has no secretary or assistant secretary and that the officer making the
					 certification performs for the corporation the functions usually performed by
					 the secretary or by an assistant secretary of a corporation.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 1 - General Provisions › Section 5.3008 - Place of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Commissioner, this Chapter, or any law
						administered by the Commissioner provides that a document be filed with the
						Commissioner, it may be filed with the Commissioner at any office of the
						Commissioner.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 1 - General Provisions › Section 5.3009 - Time of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as otherwise provided in subdivisions (b) and (c) of this section,
					 whenever the Commissioner, this Chapter, or any law administered by the
					 Commissioner provides that a document be filed with the Commissioner, such
					 document shall be deemed to be filed with the Commissioner on the day on which
					 it is received at an office of the Commissioner.
(b) Except as otherwise provided in
					 subdivision (c) of this section, a document which is an application shall,
					 unless the Commissioner rejects it for filing within ten business days after
					 the day on which it is received at an office of the Commissioner, be deemed to
					 be filed with the Commissioner on such day.
(c)
(1) In
					 case the day on which a document is received at an office of the Commissioner
					 is a holiday or in case a document is received after the close of business of
					 such office, such document shall be deemed to be filed with the Commissioner on
					 the next succeeding day which is not a holiday.
(2) In case the Commissioner, this Chapter,
					 or any law administered by the Commissioner requires that a document, when
					 filed with the Commissioner, be accompanied by a specified fee or that a
					 specified fee be paid for filing a document with the Commissioner, and if such
					 a document, when received at an office of the Commissioner, is not accompanied
					 by such specified fee, the document shall not be deemed to be filed with the
					 Commissioner until such time as the specified fee is received at an office of
					 the Commissioner.
(3) In case the
					 Commissioner, this Chapter, or any law administered by the Commissioner
					 provides with respect to a document otherwise than as provided in subdivision
					 (a) or (b) of this section, such document shall be deemed to be filed at the
					 time when the Commissioner, such provision of this Chapter, or such law so
					 provides. It is hereby provided that no copy of an agreement of merger or
					 certificate of ownership certified by the Secretary of State shall be deemed to
					 be filed with the Commissioner for purposes of Financial Code Section
					 4887 until
					 specially filed by the Commissioner.
(4) In case a person who submits a document
					 to the Commissioner requests that such document be filed otherwise than as
					 provided in subdivision (a) or (b) of this section, the document shall not be
					 deemed to be filed with the Commissioner until such time as it is specially
					 filed by the Commissioner.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3100 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Subarticle contains regulations relating to
						applications filed with the Commissioner.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3101 - Pre-Filing Conference and Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The staff of the Department is available
					 to confer with a prospective applicant in advance of the filing of an
					 application for the purpose of discussing questions relating to such
					 application. However, no application will be decided in advance of
					 filing.
(b) A prospective applicant
					 may, before filing an application, submit a draft of such application or of a
					 document which is to be part of such application to the staff of the Department
					 for review and comment as to form. However, any comments made on a draft of an
					 application or of a document which is to be part of an application will relate
					 only to the form of such application or of such document and not to the
					 substance or merits of such application or of such document.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3102 - Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Commissioner, this Chapter, or any law
						administered by the Commissioner provides that an application be in a specified
						form, any such application shall be filed in such form. Whenever the
						Commissioner, this Chapter, or any law administered by the Commissioner
						provides that the facing page of an application be in a specified form, the
						facing page of any such application shall be in such form, and the remainder of
						the application shall be typewritten or legibly printed on either legal or
						letter size paper. In all other cases, an application shall be in the form of a
						letter addressed to the Commissioner, typewritten or legibly printed on either
						legal or letter size paper.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3103 - Combining Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Two or more applications may be combined in the same
						document if all such applications:
(a)
					 Are made by the same person;
(b)
					 Are required to be in the form of a letter addressed to the Commissioner;
					 and
(c) Concern the same
					 transaction or proposal or related transactions or proposals.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3104 - Number of Copies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever an application is filed with the Commissioner,
						the original and one copy of such application shall be filed. Only the original
						of an application need be executed.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3105 - Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application
					 shall be dated and shall set forth the name, address, and telephone number of
					 the applicant, identify the subject matter of the application, and contain such
					 other information as the Commissioner, this Chapter, or any law administered by
					 the Commissioner may require.
(b)
					 Whenever an application contains economic data, such application shall identify
					 the source of such economic data.
(c) In case any item of information required
					 to be in an application is not applicable to the circumstances of such
					 application, the application shall so state and, in addition, shall specify the
					 reasons why such item of information is not applicable to the
					 application.
(d) In case any item
					 of information required to be in an application is not available, such
					 application shall so state and, in addition, shall state:
(1) Reasons why the item of information is
					 not available; and
(2) Whether or
					 not the item of information is expected to become available, and, if so, the
					 time when the item of information is expected to become
					 available.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3106 - Signature

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application
					 shall be signed by the applicant or by a person authorized to represent the
					 applicant in connection with such application.
(b) The signature on an application by a
					 corporation should be in the corporate form, and whenever the Commissioner,
					 this Chapter, or any law administered by the Commissioner requires that an
					 application by a corporation be in the name of such corporation, the signature
					 of the corporation on such application shall be in the corporate form. The
					 following is an example of the signature of a corporation in the corporate
					 form:
ABC BANK
By /s/ John Doe
John Doe, President
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3107 - Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant
					 may, with the consent of the Commissioner, amend an application. An application
					 for consent to amend an application shall contain the proposed amendment of
					 such application and a statement of the reasons why the applicant wishes to
					 amend the application.
(b)
(1) Whenever an applicant becomes aware of
					 any material error in an item of information contained in an application, such
					 applicant shall promptly file with the Commissioner an application for consent
					 to amend such application to correct such error.
(2) Whenever an applicant becomes aware of
					 any material change in an item of information contained in an application, such
					 applicant shall promptly file with the Commissioner an application for consent
					 to amend such application in order to reflect such change.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3108 - Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person may
					 file with the Commissioner comments on an application, including comments
					 supporting or opposing the granting of such application. Comments on an
					 application shall be in writing in the form of a letter addressed to the
					 Commissioner. A comment letter shall identify the application to which it
					 relates by the name of the applicant and the subject matter of the application.
					 A comment letter shall be signed by the commentator or by a person authorized
					 to represent the commentator in connection with the application.
(b) The Commissioner may solicit comments on
					 an application from any person who in his opinion might have an interest in, be
					 affected by, or have information regarding, such application.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3109 - Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever an application, when received at an office of
						the Commissioner, is deficient in that it fails to comply in any respect with
						the requirements prescribed by the Commissioner, this Chapter, or any law
						administered by the Commissioner:
(a)
					 At any time within ten business days after the day on which the application was
					 received at an office of the Commissioner, the Commissioner may reject the
					 application for filing.
(b) At any
					 time, the Commissioner may, by notice served on the applicant, request that the
					 applicant correct the deficiencies in the application and fix the time within
					 which the applicant shall correct the deficiencies in the application. If the
					 applicant fails to correct the deficiencies in the application within such
					 time, the Commissioner may order the application to be abandoned.
1.
						Amendment filed 12-10-85; designated effective 2-1-86 (Register 85, No.
						50).
2. Change without regulatory effect amending section and NOTE
						filed 8-19-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
3. Change without regulatory
						effect amending subsection (a) and NOTE filed 8-21-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 34).
Note: Authority cited: Sections
						  321,
						  326 and
						  334,
						  Financial Code. Reference: Sections
						  321,
						  326 and
						  334,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3110 - Additional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner may, at any time, by notice served on an
						applicant, request that the applicant file additional information and fix the
						time within which the applicant shall file such additional information. If the
						applicant fails to file such additional information within such time, the
						Commissioner may order the application to be abandoned.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3111 - Withdrawal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant may, with the consent of the Commissioner,
						withdraw an application.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 2 - Applications › Section 5.3112 - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Commissioner approves or denies an
						application, rejects an application for filing, or orders an application to be
						abandoned, the Commissioner shall serve notice of his decision on the
						applicant. In case the Commissioner denies an application, rejects an
						application for filing, or orders an application to be abandoned, such notice
						shall contain a brief statement of the reasons for the
						decision.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 3 - Reports › Section 5.3200 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Subarticle contains regulations relating to reports
						filed with the Commissioner.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 3 - Reports › Section 5.3201 - Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Commissioner, this Chapter, or any law
						administered by the Commissioner provides that a report be in a specified form,
						any such report shall be filed in such form. Whenever the Commissioner, this
						Chapter, or any law administered by the Commissioner provides that the facing
						page of a report be in a specified form, the facing page of any such report
						shall be in such form, and the remainder of the report shall be type-written or
						legibly printed on either legal or letter size paper. In all other cases, a
						report shall be in the form of a letter addressed to the Commissioner,
						typewritten or legibly printed on either legal or letter size
						paper.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 3 - Reports › Section 5.3202 - Combining Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Two or more reports may be combined in the same document
						if all such reports:
(a) Are made by
					 the same person;
(b) Are required
					 to be in the form of a letter addressed to the Commissioner; and
(c) Concern the same transaction or proposal
					 or related transactions or proposals.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 3 - Reports › Section 5.3203 - Number of Copies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a report is filed with the Commissioner, only
						the original of such report need be filed.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 3 - Reports › Section 5.3204 - Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A report shall
					 be dated and shall set forth the name, address, and telephone number of the
					 person making the report, identify the subject matter of the report, and
					 contain such other information as the Commissioner, this Chapter, or any law
					 administered by the Commissioner may require.
(b) In case any item of information required
					 to be in a report is not applicable to the circumstances of such report, the
					 report shall so state and, in addition, shall specify the reasons why such item
					 of information is not applicable to the report.
(c) In case any item of information required
					 to be in a report is not available, such report shall so state and, in
					 addition, shall state:
(1) Reasons why the
					 item of information is not available; and
(2) Whether or not the item of information is
					 expected to become available, and, if so, the time when the item of information
					 is expected to become available.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 3 - Reports › Section 5.3205 - Signature

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A report shall
					 be signed by the person making the report or by a person authorized to
					 represent such person in connection with the report.
(b) The signature on a report by a
					 corporation should be in the corporate form, and whenever the Commissioner,
					 this Chapter, or any law administered by the Commissioner requires that a
					 report by a corporation be signed in the name of such corporation, the
					 signature of the corporation on such report shall be in the corporate form.
					 (For an example of the signature of a corporation in the corporate form, refer
					 to Section
					 5.3106 of this Chapter.)
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 4 - Documents › Subarticle 3 - Reports › Section 5.3206 - Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person making
					 a report may, with the consent of the Commissioner, amend such report. An
					 application for consent to amend a report shall contain the proposed amendment
					 of such report and a statement of the reasons why such person wishes to amend
					 the report.
(b) Whenever a person
					 who has made a report becomes aware of any material error in an item of
					 information contained in such report, such person shall promptly file with the
					 Commissioner an application for consent to amend the report to correct such
					 error.
(c) Whenever the
					 Commissioner, this Chapter, or any law administered by the Commissioner
					 prescribes a specified form for a report consisting of not more than two pages,
					 any amendment of such report shall be in the specified form prescribed for the
					 original report, shall be dated as of current date, and shall bear at the top
					 of the first page a legend stating that it is an amendment in full of the
					 original report and specifying the date of the original report. In all other
					 cases, an amendment of a report shall be in the form of a letter addressed to
					 the Commissioner, typewritten or legibly printed on either legal or letter size
					 paper.
(d) Any amendment of a
					 report shall be signed and filed in the manner prescribed for the original
					 report. However, even though the signature of a report is required to be
					 acknowledged, the signature of an amendment of such report need not be
					 acknowledged.
(e) Whenever a report
					 is required to be verified, any amendment of such report shall be
					 verified.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 1 - General Provisions › Section 5.5000 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article governs the conduct of all Division of
						Financial Institutions hearings held in connection with matters pending before
						the Commissioner.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
2. Change without regulatory
						effect amending section and NOTE filed 8-21-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 34).
Note: Authority cited: Sections
						  321,
						  326 and
						  334,
						  Financial Code. Reference: Sections
						  321 and
						  371,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 1 - General Provisions › Section 5.5001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In this article:
(a) "Adjudicatory hearing" means a hearing
					 conducted in accordance with subarticle 2 (commencing with section
					 5.5100) of this article.
(b) "Hearing officer" means the person
					 designated by the Commissioner to preside at a hearing. The hearing officer may
					 be the Commissioner.
(c) "Hearing
					 panel" means the persons designated by the Commissioner to assist a hearing
					 officer.
(d) "Intervening party"
					 means any person whom the Commissioner, upon application, permits to intervene
					 and become a party to a hearing.
(e) "Investigatory hearing" means a hearing
					 conducted in accordance with subarticle 3 (commencing with section
					 5.5200) of this article.
(f) "Party" means the Commissioner, the
					 respondent, and any intervening party.
(g) "Respondent" means, in the case of an
					 adjudicatory hearing, any person who is named as respondent in the accusation
					 and, in the case of an investigatory hearing, any person who is named as
					 respondent in the notice of investigatory hearing.
1. Change
						without regulatory effect amending subsections (a) and (e) filed 7-2-91
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 40).
2. Change without regulatory
						effect amending section and NOTE filed 8-19-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code. Reference: Sections
						  200,
						  215,
						  31100 and
						  33200,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 1 - General Provisions › Section 5.5002 - Types of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings held in connection with matters pending before
						the Commissioner are of two types, adjudicatory hearings and investigatory
						hearings. The Commissioner may in his discretion determine which type of
						hearing to hold in any particular case. In general, however, any hearing on the
						suspension or revocation of a license will be an adjudicatory hearing, and any
						hearing on an application will be an investigatory hearing.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 1 - General Provisions › Section 5.5003 - Discretion to Hold Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner may in his discretion, either upon
						application or on his own initiative, hold a hearing in connection with any
						matter pending before him.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 1 - General Provisions › Section 5.5004 - Application for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person may apply to the Commissioner to hold a
						hearing in connection with a matter pending before the Commissioner. An
						application for a hearing shall contain the following:
(a) Identification of the matter pending
					 before the Commissioner with respect to which the applicant requests that a
					 hearing be held.
(b) Description of
					 the applicant's interest in such matter.
(c) Type of hearing requested.
(d) In case an adjudicatory hearing is
					 requested, a proposed accusation or in case an investigatory hearing is
					 requested, a proposed notice of investigatory hearing.
(e) Brief summary of the evidence which the
					 applicant intends to introduce and a list of the witnesses whom the applicant
					 intends to present at the hearing.
(f) Statement of reasons why the holding of a
					 hearing would be in the public interest.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 1 - General Provisions › Section 5.5005 - Application to Intervene

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for permission to intervene and become a
						party to a hearing shall be filed with the Commissioner and served on the
						respondent and each other party (other than the Commissioner) not less than
						five business days before commencement of the hearing, and shall contain the
						following:
(a) Description of the
					 applicant's interest in the matters at issue in the hearing.
(b) Brief summary of the evidence which the
					 applicant intends to introduce and a list of the witnesses whom the applicant
					 intends to present at the hearing.
(c) Statement of the applicant's purposes in
					 intervening in the hearing.
(d)
					 Statement of reasons why the intervention of the applicant in the hearing would
					 be in the public interest.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 1 - General Provisions › Section 5.5006 - Applicable Statute

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings held by the Commissioner pursuant to this
						Article shall be subject to the provisions of Article 2 (commencing with
						Section 11180), Chapter 2, Part 1,
						Division 3, Title 2 of the Government Code.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 2 - Adjudicatory Hearings › Section 5.5100 - Accusation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner shall initiate an adjudicatory hearing
						proceeding by issuing an accusation. An accusation shall be in writing, signed
						by the Commissioner, and shall contain the following:
(a) Name and address of respondent.
(b) Statement of acts or omissions with which
					 the respondent is charged.
(c)
					 Specification of statutes, regulations, or orders which the respondent is
					 alleged to have violated.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 2 - Adjudicatory Hearings › Section 5.5101 - Notice of Adjudicatory Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever the Commissioner issues an
					 accusation, he shall promptly serve a notice of adjudicatory hearing on the
					 respondent. A notice of adjudicatory hearing shall be in writing, signed by the
					 Commissioner, and shall contain the following:
(1) Copy of the accusation.
(2) Time and place of the adjudicatory
					 hearing.
(3) Copy or summary of the
					 provisions of this Subarticle and Subarticle 1 (commencing with Section
					 5.5000 of this Article).
(4) Statement that the respondent may, but is
					 not required to, be represented by counsel at any and all stages of the
					 proceedings.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 2 - Adjudicatory Hearings › Section 5.5102 - Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not more than
					 15 days after the Commissioner serves a notice of adjudicatory hearing on the
					 respondent, the respondent shall file an answer with the Commissioner. The
					 answer shall be in writing, signed by the respondent or a person authorized to
					 represent the respondent in connection with the hearing, and shall contain the
					 following:
(1) Admission or denial of each of
					 the material allegations of the accusation.
(2) Statement of any new matter constituting
					 a defense.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 2 - Adjudicatory Hearings › Section 5.5103 - Amendment of Accusation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Commissioner may amend an accusation at any time before or during an
					 adjudicatory hearing. An amendment of an accusation shall be in writing and
					 signed by the Commissioner.
(b) Any
					 amendment of an accusation shall be deemed to be denied by the
					 respondent.
(c) Whenever the
					 Commissioner amends an accusation, he shall promptly serve a copy of the
					 amendment on the respondent and each other party.
(d) Whenever an amendment of an accusation
					 presents new charges, the Commissioner or the hearing officer shall, upon
					 application of the respondent, continue an adjudicatory hearing for such time
					 as may be necessary to afford the respondent a reasonable opportunity to
					 prepare his defense to such new charges.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 2 - Adjudicatory Hearings › Section 5.5104 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In this
					 Section, "statement" includes written statements by a person, signed or
					 otherwise authenticated by him, stenographic, mechanical, electrical, or other
					 recordings, or transcripts thereof, of oral statements by such person, and
					 written reports or summaries of such oral statements.
(b) The provisions of this Section apply to
					 all parties to an adjudicatory hearing and provide the sole and exclusive right
					 to and method of discovery for any party (other than the Commissioner)
					 requesting discovery in an adjudicatory hearing procedure.
(c)
(1) Any
					 party may serve on any other party a request for discovery of any of the items
					 referred to in Subparagraphs (A) to (C) of Paragraph (2) of this Subdivision
					 (c). A request for discovery shall be in writing, shall specify the matters to
					 be disclosed, and, if made by the Commissioner, shall be signed by him, or if
					 made by any other party, shall be signed by such party or by a person
					 authorized to represent such party in connection with the hearing.
(2) Not more than five business days after
					 service of a request for discovery, the party on whom such request for
					 discovery was served shall, to the extent requested in the request for
					 discovery, afford the requesting party an opportunity to inspect and copy any
					 of the following in the possession, custody, or control of the party on whom
					 the request for discovery was served:
(A) Any
					 statement pertaining to the subject matter of the proceeding made by any party
					 to another party or person.
(B)
					 Statements of witnesses whom the party on whom the request for discovery was
					 served then proposes to call and of other persons having personal knowledge of
					 the acts, omissions, or events which are the basis for the proceedings, not
					 included in (A) above; and
(C) All
					 writings which the party on whom the request for discovery was served then
					 proposes to offer in evidence.
California Code of Regulations › Title 10 - Investment › Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions › Subchapter 5 - Administration › Article 6 - Hearings › Subarticle 2 - Adjudicatory Hearings › Section 5.5105 - Time and Place of Adjudicatory Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An adjudicatory hearing shall be held at
					 the time and place set forth in the notice of such adjudicatory hearing.
					 However, at any time before the commencement of an adjudicatory hearing, the
					 Commissioner may, upon application or on his own initiative, change the time or
					 place of such adjudicatory hearing by amending the notice of the hearing and
					 serving a copy of such amendment on each other party.
(b) At the time and place set for an
					 adjudicatory hearing in the notice of such adjudicatory hearing or in any
					 amendment to such notice, as the case may be, the hearing officer may continue
					 the adjudicatory hearing from day to day or adjourn the hearing to a later date
					 or to a different place, without notice other than an announcement at the
					 adjudicatory hearing.
1. Change
						without regulatory effect amending section and adding new NOTE filed 8-19-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 34).
Note: Authority cited: Sections
						  215,
						  4831,
						  31101 and
						  33202,
						  Financial Code.