California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 1 - Administration › Section 250.12 - Interpretive Opinions, Determinations and Specific Rulings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commissioner has discretionary
				  authority to issue interpretive opinions pursuant to Corporations Code Section
				  25618
				  (of the Corporate Securities Law of 1968), Corporations Code Section
				  29546
				  (of the California Commodity Law of 1990), Corporations Code Section
				  31510
				  (of the Franchise Investment Law), Corporations Code Section
				  28952
				  (of the Capital Access Company Law), and Financial Code Section
				  50312 (of
				  the California Residential Mortgage Lending Act); determinations under
				  Corporations Code Section
				  25014.6(b)(2);
				  and specific rulings under Financial Code Section
				  22150 (of
				  the California Finance Lenders Law). Each request for a written interpretive
				  opinion, determination or specific ruling of the commissioner shall be made in
				  writing and shall fully set forth the questions presented and the particular
				  facts and circumstances upon which the opinion is requested. Each interpretive
				  opinion, determination or specific ruling is applicable only to the transaction
				  identified in the request therefor, and may not be relied upon in connection
				  with any other transaction.
(b) The
				  name(s) of the principal party(ies) or person(s) on whose behalf an
				  interpretive opinion, determination or specific ruling has been requested, are
				  indexed in the Department's index reference system.
(c) Copies of published interpretive
				  opinions, determinations or specific rulings are available as specified in
				  subsection (f) of Section
				  260.608. Requests for
				  confidentiality of opinion requests are processed subject to the procedures in
				  Sections 250.10 and
				  250.10.5.
1. Amendment
					 filed 12-30-71 as an emergency; designated effective 1-1-72. Certificate of
					 Compliance included (Register 72, No. 1).
2. Amendment of subsection
					 (b) filed 4-6-72 as an emergency; effective upon filing (Register 72, No.
					 15).
3. Certificate of Compliance filed 7-20-72 (Register 72, No.
					 30).
4. Amendment filed 12-29-80; effective thirtieth day thereafter
					 (Register 81, No. 1).
5. Amendment of subsection (a) filed 9-25-81;
					 effective thirtieth day thereafter (Register 81, No. 39).
6.
					 Amendment of subsection (a) filed 1-11-91; operative 2-10-91 (Register 91, No.
					 10).
7. Editorial correction of printing errors in subsections (a)
					 and (c) (Register 94, No. 2).
8. Change without regulatory effect
					 amending section and NOTE filed 3-11-94 pursuant to title 1, section
					 100, California Code of
					 Regulations (Register 94, No. 10).
9. Change without regulatory
					 effect amending section heading, text and NOTE filed 12-6-94 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 94, No. 49).
10. Change without regulatory
					 effect amending subsections (a) and (b) and NOTE filed 2-24-99 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 99, No. 9).
11. Change without regulatory
					 effect amending subsection (a) filed 6-3-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 23).
12. Change without regulatory
					 effect amending subsection (a) and NOTE filed 9-25-2002 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 39).
Note: Authority cited: Sections
						25014.6(b)(2),
						25610,
						28951,
						29561
						and
						31502,
						Corporations Code; Sections
						22150 and
						50304,
						Financial Code; and Section
						5155, Labor
						Code. Reference: Sections
						25014.6(b)(2),
						25618,
						28952,
						29546
						and
						31510,
						Corporations Code; Sections
						22160 and
						50312,
						Financial Code; and Section
						5155(b),
						Labor Code.