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Financial Code - FIN - FIN § 22709
Financial Code - FIN - FIN § 22709
The commissioner may require the production for examination in this state of all books, records, and supporting data used by the licensee in the preparation of reports to the commissioner. The books, records, and supporting data shall be made available for examination by the comm
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Financial Code - FIN - FIN § 22710
Financial Code - FIN - FIN § 22710
The commissioner may upon three days’ notice and a hearing, suspend any license for a period not exceeding 30 days, pending investigation.
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Financial Code - FIN - FIN § 22711
Financial Code - FIN - FIN § 22711
Any licensee may surrender any license by delivering to the commissioner written notice that the licensee surrenders that license. Surrender of the license does not affect the licensee’s civil or criminal liability for acts committed prior to surrender of the license.
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Financial Code - FIN - FIN § 22712
Financial Code - FIN - FIN § 22712
(a) Whenever, in the opinion of the commissioner, any person is engaged or has engaged in business as a finance lender, broker, program administrator, or mortgage loan originator, as defined in this division, without a license from the commissioner, or any licensee is violating o
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Financial Code - FIN - FIN § 22713
Financial Code - FIN - FIN § 22713
(a) Whenever the commissioner believes from evidence satisfactory to the commissioner that any person has violated or is about to violate a provision of this division, or a provision of any order, license, decision, demand, requirement, or any regulation adopted pursuant to this
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Financial Code - FIN - FIN § 22714
Financial Code - FIN - FIN § 22714
(a) The commissioner shall suspend or revoke any license, upon notice and reasonable opportunity to be heard, if the commissioner finds any of the following: (1) The licensee has failed to comply with any demand, ruling, or requirement of the commissioner made pursuant to and wit
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Financial Code - FIN - FIN § 22715
Financial Code - FIN - FIN § 22715
(a) The commissioner may by order summarily suspend or revoke the license of any licensee if that person fails to file the report required by Section 22159 within 10 days after notice by the commissioner that the report is due and not filed. If, after an order is made, a request
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Financial Code - FIN - FIN § 22716
Financial Code - FIN - FIN § 22716
(a) The revocation, suspension, expiration, or surrender of any license does not impair or affect the obligation of any preexisting lawful contract between the licensee and any borrower or property owner, nor the validity and enforceability of any bonds issued and secured by thos
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Financial Code - FIN - FIN § 22717
Financial Code - FIN - FIN § 22717
Except in cases in which the time for setting the hearing is shortened as provided in this division, the proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and i
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Financial Code - FIN - FIN § 22718
Financial Code - FIN - FIN § 22718
Every order, decision, license, or other official act of the commissioner is subject to judicial review in accordance with law.
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Financial Code - FIN - FIN § 22750
Financial Code - FIN - FIN § 22750
(a) If any amount other than, or in excess of, the charges permitted by this division is willfully charged, contracted for, or received, the contract of loan is void, and no person has any right to collect or receive any principal, charges, or recompense in connection with the tr
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Financial Code - FIN - FIN § 22751
Financial Code - FIN - FIN § 22751
(a) If any amount other than or in excess of the charges permitted by this division is charged or contracted for, or received, for any reason other than a willful act of the licensee, the licensee shall forfeit all interest and charges on the loan and may collect or receive only
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Financial Code - FIN - FIN § 22752
Financial Code - FIN - FIN § 22752
(a) If any provision of this division is violated in the making or collection of a loan, for any reason other than a willful act of the licensee, the licensee shall forfeit all interest and charges on the loan and may collect or receive only the principal amount of the loan. (b)
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Financial Code - FIN - FIN § 22753
Financial Code - FIN - FIN § 22753
Except as provided in Section 22696, any person who willfully violates any provision of this division or who willfully violates any rule or order adopted pursuant to this division, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), by i
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Financial Code - FIN - FIN § 22754
Financial Code - FIN - FIN § 22754
No provision imposing liability under this division, including the provisions of subdivision (a) of Section 22751 and subdivision (a) of Section 22752, shall apply to any act done or omitted in good faith in conformity with any written general rule, regulation, or specific ruling
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Financial Code - FIN - FIN § 22755
Financial Code - FIN - FIN § 22755
It is a violation of this division for a mortgage loan originator to do any of the following: (a) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person. (b) Engage in any unfair or deceptive practice towa
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Financial Code - FIN - FIN § 22756
Financial Code - FIN - FIN § 22756
Notwithstanding any other law, any application for licensure, amendment to the application or registration document or notice filed under any of the laws administered by the Department of Financial Protection and Innovation, or record otherwise required to be filed in this state
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Financial Code - FIN - FIN § 22757
Financial Code - FIN - FIN § 22757
A finance lender, broker, or mortgage loan originator licensed under this division shall not pay any commission, fee, or other compensation to an unlicensed individual for conducting activities that require a license, unless that unlicensed individual is exempt from licensure pur
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Financial Code - FIN - FIN § 22758
Financial Code - FIN - FIN § 22758
This article does not apply to a program administrator or a PACE solicitor.
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Financial Code - FIN - FIN § 22780
Financial Code - FIN - FIN § 22780
Except as provided in Section 22696, any person who willfully violates any provision of this division, or who willfully violates any rule or order adopted pursuant to this division, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), by
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Financial Code - FIN - FIN § 22780.1
Financial Code - FIN - FIN § 22780.1
A violation of Division 9.5 (commencing with Section 22800) by a licensee shall constitute a violation of this division.
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Financial Code - FIN - FIN § 22800
Financial Code - FIN - FIN § 22800
For purposes of this division: (a) “Account” means a right to a payment of a monetary obligation. (b) “Accounts receivable purchase transaction” means a transaction as part of an agreement requiring a recipient to forward or otherwise sell to the provider all or a portion of acco
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Financial Code - FIN - FIN § 22801
Financial Code - FIN - FIN § 22801
This division does not apply to any of the following: (a) A provider that is a depository institution. (b) A provider that is a lender regulated under the federal Farm Credit Act (12 U.S.C. Sec. 2001 et seq.). (c) A commercial financing transaction secured by real property. (d) A
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Financial Code - FIN - FIN § 22802
Financial Code - FIN - FIN § 22802
(a) A provider subject to this division shall disclose all of the information in subdivision (b) or in Section 22803, if applicable, to a recipient at the time of extending a specific commercial financing offer to that recipient, and shall obtain the recipient’s signature on the
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Financial Code - FIN - FIN § 22803
Financial Code - FIN - FIN § 22803
As an alternative to the disclosures required in subdivision (b) of Section 22802, a provider who offers commercial financing that is factoring or asset-based lending and that offers the recipient an agreement that describes the general terms and conditions of the commercial fina