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Financial Code - FIN - FIN § 123

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 123

“Real property” and “personal property” have the meanings defined in and shall be construed in accordance with Title 1 (commencing with Section 654) of Part 1 of Division 2 of the Civil Code.

Financial Code - FIN - FIN § 12300

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12300

The commissioner may make general rules and regulations and specific rulings, demands, and findings for the enforcement of this division.

Financial Code - FIN - FIN § 12300.1

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12300.1

Licensees shall observe reasonable precautions against theft or alteration of checks, drafts or money orders, and against burglary or holdup.

Financial Code - FIN - FIN § 12300.2

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12300.2

Every person engaging in the business of a check seller shall conduct the business under his or her true name unless he or she has complied with Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code.

Financial Code - FIN - FIN § 12300.3

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12300.3

All funds received by a licensee or its agents from the sale of checks, drafts, money orders, or other commercial paper serving the same purpose and for the purpose of paying bills, invoices, or accounts of an obligor, equal in amount to the face value of such instruments or equa

Financial Code - FIN - FIN § 12300.4

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12300.4

Prior to such separation and transmittal to the licensee or deposit by its agent such funds received by said agent may be used by said agent for the sole purpose only of the making of change or cashing of checks in the normal course of its business. All such funds received by sai

Financial Code - FIN - FIN § 12300.5

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12300.5

An amount equal to all such funds received by a licensee shall be separated from the funds of the licensee and deposited in its trust account not later than the end of the next business day following receipt by such licensee. All such funds shall thereafter remain in such trust a

Financial Code - FIN - FIN § 12300.6

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12300.6

Prior to separation and deposit by the licensee such funds may only be used by the licensee for the making of change or the cashing of checks in the normal course of its business, and then only to the extent of the amount of the bond which has been filed under Section 12206. Afte

Financial Code - FIN - FIN § 12301

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12301

A licensee may establish branch offices or agencies if it is qualified under the provisions of Section 12205 and if it expressly assumes responsibility for the acts of any person selling checks, drafts, or money orders for the licensee or accepting money in its name or on its beh

Financial Code - FIN - FIN § 12301.1

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12301.1

A licensee within 10 days after establishing a mobile unit, a branch office or agency location shall notify the commissioner in writing and shall furnish the commissioner with the name and address of each such branch office or agency location and the California state registration

Financial Code - FIN - FIN § 12301.2

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12301.2

A check, draft, or money order sold by a licensee shall be drawn on an account of a licensee maintained at a bank authorized to do business in the State of California.

Financial Code - FIN - FIN § 12301.3

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12301.3

A licensee shall not permit any officer, employee, or agent to sell any check, draft, or money order unless the signature of the person signing the same is on file with the bank on which the check, draft, or money order is drawn or the licensee shall have filed with the bank and

Financial Code - FIN - FIN § 12301.4

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12301.4

A licensee shall terminate and cancel any agency immediately upon instruction from the commissioner and when it has been established (a) that the agent has refused to permit the examination of its books, accounts, records, and files; (b) that an examination has revealed a shortag

Financial Code - FIN - FIN § 12301.5

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12301.5

No agent of a licensee shall issue or cause to be issued any check, draft, or money order, or other commercial paper serving the same purpose which is drawn upon the trust account of a licensee without concurrently receiving in full, in cash, or by check, draft, or money order fr

Financial Code - FIN - FIN § 12302

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12302

Whenever a licensee desires to change his place of business to a street address other than that designated in his license or desires to change the place or area of doing business in the case of a mobile unit, he shall give written notice to the commissioner of the desired change.

Financial Code - FIN - FIN § 12303

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12303

Every licensee shall keep and use in his business books, accounts and records in accordance with good accounting practice and which will enable the commissioner to determine whether such licensee has violated the provisions of this division or the rules and regulations made by th

Financial Code - FIN - FIN § 12304

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12304

(a) Each licensee, except a special prorater, shall submit to the commissioner, at such licensee’s own expense, an audit report containing audited financial statements covering the calendar year or, if such licensee has an established fiscal year, then for such fiscal year, withi

Financial Code - FIN - FIN § 12305

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12305

For the purpose of discovering violations of this division the commissioner may at any time investigate the business and examine the books, accounts, records, and files used therein, of any licensee, of any agent, and of any person who the commissioner has reason to believe is en

Financial Code - FIN - FIN § 12306

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12306

The cost of every examination of a licensee or other person subject to this division shall be paid to the commissioner by the licensee or person examined, and the commissioner may maintain an action for the recovery of these costs in any court of competent jurisdiction. In determ

Financial Code - FIN - FIN § 12307

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12307

The commissioner may require the attendance of witnesses and examine under oath all persons whose testimony he requires relative to any examination or investigation.

Financial Code - FIN - FIN § 12307.1

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12307.1

The commissioner may commence and prosecute actions and proceedings to enjoin violations of this division or violations of orders or decisions of the commissioner rendered pursuant to this division, and for the enforcement of any and all civil penalties provided for by this divis

Financial Code - FIN - FIN § 12307.2

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12307.2

If the commissioner finds as a result of an examination or report that a licensee is insolvent or has been insolvent or is conducting or has conducted business in such an unsafe or injurious manner as to render its further operations hazardous to the public, the commissioner may

Financial Code - FIN - FIN § 12307.3

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12307.3

Whenever as a result of an examination or report it appears to the commissioner that: (a) The capital of any licensee is impaired; (b) Any licensee is conducting its business in such an unsafe or injurious manner as to render its further operations hazardous to the public; (c) An

Financial Code - FIN - FIN § 12307.4

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12307.4

Whenever the commissioner has taken possession of the property and business of a licensee the commissioner may petition the superior court for the appointment of a receiver to liquidate the affairs of the licensee. During the time that the commissioner retains possession of the p

Financial Code - FIN - FIN § 12307.5

statute | California | California Legislative Counsel

Financial Code - FIN - FIN § 12307.5

(a) For any licensee, a disciplinary action taken by the State of California, another state, an agency of the federal government, or another country for an action substantially related to the activity regulated under this division may be grounds for disciplinary action by the com