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Financial Code - FIN - FIN § 23023
Financial Code - FIN - FIN § 23023
No licensee shall transact the business licensed or make any transaction provided for by this division under any other name or at any other place of business than that named in the license except pursuant to a currently effective written order of the commissioner authorizing the
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Financial Code - FIN - FIN § 23024
Financial Code - FIN - FIN § 23024
Each licensee shall keep and use books, accounts, and records that will enable the commissioner to determine if the licensee is complying with the provisions of this division and with the rules and regulations promulgated by the commissioner. Each licensee shall maintain any othe
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Financial Code - FIN - FIN § 23025
Financial Code - FIN - FIN § 23025
The department shall maintain a toll-free telephone number for deferred deposit transaction customers to make complaints and express concerns regarding the product or a specific licensee.
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Financial Code - FIN - FIN § 23026
Financial Code - FIN - FIN § 23026
On or before March 15 of each year, beginning March 2006, each licensee shall file an annual report with the commissioner pursuant to procedures that the commissioner shall establish, giving the relevant information that the commissioner reasonably requires concerning the busines
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Financial Code - FIN - FIN § 23027
Financial Code - FIN - FIN § 23027
(a) No licensee shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed or broadcast, in any manner, any statement or representation with regard to the business subject to the provisions o
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Financial Code - FIN - FIN § 23035
Financial Code - FIN - FIN § 23035
(a) A licensee may defer the deposit of a customer’s personal check for up to 31 days, pursuant to the provisions of this section. The face amount of the check shall not exceed three hundred dollars ($300). Each deferred deposit transaction shall be made pursuant to a written agr
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Financial Code - FIN - FIN § 23036
Financial Code - FIN - FIN § 23036
(a) A fee for a deferred deposit transaction shall not exceed 15 percent of the face amount of the check. (b) A licensee may allow an extension of time, or a payment plan, for repayment of an existing deferred deposit transaction but may not charge any additional fee or charge of
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Financial Code - FIN - FIN § 23037
Financial Code - FIN - FIN § 23037
In no case shall a licensee do any of the following: (a) Accept or use the same check for a subsequent transaction, or permit a customer to pay off all or a portion of one deferred deposit transaction with the proceeds of another. (b) Accept any collateral for a deferred deposit
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Financial Code - FIN - FIN § 23038
Financial Code - FIN - FIN § 23038
(a) Any person who violates any provision of Section 987 of Title 10 of the United States Code, as amended by 126 Stat. 1785 (Public Law 112-239), or any provision of Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Fe
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Financial Code - FIN - FIN § 23045
Financial Code - FIN - FIN § 23045
(a) Licenses issued under this division remain in effect until they are surrendered, revoked, or suspended. (b) The surrender of a license becomes effective 30 days after receipt of an application to surrender the license or within a shorter period of time that the commissioner m
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Financial Code - FIN - FIN § 23046
Financial Code - FIN - FIN § 23046
(a) For the purpose of discovering violations of this division or securing information required by the commissioner in the administration and enforcement of this division, the commissioner may at any time, but not less than once every two years, investigate the business of deferr
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Financial Code - FIN - FIN § 23047
Financial Code - FIN - FIN § 23047
(a) In making any examination or investigation, the commissioner may, for a reasonable time not to exceed 30 days, take possession of the books, records, accounts, and other papers pertaining to the business. The commissioner may place a keeper in exclusive charge and custody of
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Financial Code - FIN - FIN § 23048
Financial Code - FIN - FIN § 23048
(a) The commissioner may require the attendance of witnesses and examine under oath all persons whose testimony the commissioner requires relative to transactions or business regulated by this division or to the subject matter of any examination, investigation, or hearing. (b) Th
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Financial Code - FIN - FIN § 23049
Financial Code - FIN - FIN § 23049
After an examination, investigation, or hearing under this division, if the commissioner deems it of public interest or advantage, the commissioner may certify a record to the proper prosecuting official of the city, county, or city and county in which the act complained of, exam
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Financial Code - FIN - FIN § 23050
Financial Code - FIN - FIN § 23050
Whenever, in the opinion of the commissioner, any person is engaged in the business of deferred deposit transactions, as defined in this division, without a license from the commissioner, or any licensee is violating any provision of this division, the commissioner may order that
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Financial Code - FIN - FIN § 23051
Financial Code - FIN - FIN § 23051
(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 § 23052
Financial Code - FIN - FIN § 23052
The commissioner may suspend or revoke any license, upon notice and reasonable opportunity to be heard, if the commissioner finds any of the following: (a) The licensee has failed to comply with any demand, ruling, or requirement of the commissioner made pursuant to and within th
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Financial Code - FIN - FIN § 23053
Financial Code - FIN - FIN § 23053
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 23026 within 10 days after notice by the commissioner that the report is due and not filed. If, after an order is made, a request for
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Financial Code - FIN - FIN § 23054
Financial Code - FIN - FIN § 23054
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.
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Financial Code - FIN - FIN § 23055
Financial Code - FIN - FIN § 23055
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 in all cases the commissioner has all the powers granted therein.
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Financial Code - FIN - FIN § 23056
Financial Code - FIN - FIN § 23056
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 § 23058
Financial Code - FIN - FIN § 23058
(a) If, upon inspection, examination or investigation, based upon a complaint or otherwise, the department has cause to believe that a person is engaged in the business of deferred deposit transactions without a license, or a licensee or person is violating any provision of this
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Financial Code - FIN - FIN § 23060
Financial Code - FIN - FIN § 23060
(a) If any amount other than, or in excess of, the charges or fees permitted by this division is willfully charged, contracted for, or received, a deferred deposit transaction contract shall be void, and no person shall have any right to collect or receive the principal amount pr
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Financial Code - FIN - FIN § 23061
Financial Code - FIN - FIN § 23061
(a) If any amount other than, or in excess of, the charges permitted by this division is charged, contracted for, or received in connection with a deferred deposit transaction, for any reason other than a willful act of the licensee, the licensee shall forfeit all charges and fee
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Financial Code - FIN - FIN § 23062
Financial Code - FIN - FIN § 23062
(a) If any provision of this division is violated in the making or collection of a deferred deposit transaction, for any reason other than a willful act of the licensee, the licensee shall forfeit all charges and fees on the deferred deposit and may collect or receive only the pr