California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 2 - Application and Licensure › Section 4422 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person
				applying for a license as a professional fiduciary shall submit an application
				for licensure to the Bureau and pay the application fee required in Section
				4580.
(b) An application for licensure shall
				require the applicant to meet the qualifications of Section
				6533
				of the Business and Professions Code and, in addition, provide the following
				information:
(1) For a determination of
				compliance with the education requirements under subdivision (f) of Section
				6533, if applicable, the applicant
				shall provide the names of the universities or colleges, the dates of
				graduation, and the applicable degrees awarded.
(2) For a determination of compliance with
				the experience requirements under subdivision (f) of Section
				6533, if applicable, the applicant
				shall provide information regarding the qualifying substantive fiduciary
				responsibilities, including type and dates of experience, and contact
				information for three references, and shall provide consent for the Bureau to
				contact the references for verification of specified experience.
(3) The applicant's physical business
				address, telephone number, and facsimile number.
(4) The applicant's designated address of
				record for public information.
(5)
				A list of any license or professional certificate ever held by the applicant,
				including information regarding the type, state/country, license or certificate
				number, date issued, status, and whether the license or certificate has been
				subject to disciplinary action, including revocation or suspension. The
				applicant may attach a statement of explanation.
(6) Whether the applicant has filed for
				bankruptcy within the last ten (10) years or held a controlling financial
				interest in a business when that business filed for bankruptcy within the last
				ten (10) years, as required by paragraph (7) of subdivision (a) of Section
				6534, and the date of the
				bankruptcy filing. The applicant may attach a statement of
				explanation.
(7) Whether the
				applicant has ever been convicted of a crime. The applicant may attach a
				statement of explanation.
(8)
				Whether the applicant has ever been found by a court to have breached a
				fiduciary duty, the date, case name, court location, and case number associated
				with each breach of fiduciary duty. The applicant shall submit a record of the
				court findings and orders related to each specific case. The applicant may file
				an additional statement of the issues and facts pertaining to each
				case.
(9) Whether the applicant has
				ever been removed as a fiduciary by a court for breach of trust, the date, case
				name, court location, and case number associated with each removal. Whether all
				related appeals have been taken or the time to file an appeal has expired. The
				applicant shall submit a record of the court findings and orders related to
				each specific case. The applicant may file an additional statement of the
				issues and facts pertaining to each case.
(10) Whether the applicant has ever resigned
				as a fiduciary in a matter in which a complaint has been filed with the court,
				the date the complaint was filed, the date of the resignation, case name, court
				location, and case number associated with each resignation, and a statement of
				the issues and facts pertaining to each allegation. The applicant shall submit
				a record of the court findings and orders related to each specific
				case.
(11) Whether the applicant
				has ever settled as a fiduciary in a matter in which a complaint has been filed
				with the court, the date the complaint was filed, the date of the settlement,
				case name, court location, and case number associated with each settlement, and
				a statement of the issues and facts pertaining to each allegation. The
				applicant shall submit a record of the court findings and orders related to
				each specific case.