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Financial Code - FIN - FIN § 28176
Financial Code - FIN - FIN § 28176
All hearings provided for in this division shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioner has all the powers granted therein.
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Financial Code - FIN - FIN § 28178
Financial Code - FIN - FIN § 28178
If any provision of this division or the application thereof to any person or circumstances is held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect other provisions or applications of this division that can be given effect wit
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Financial Code - FIN - FIN § 28180
Financial Code - FIN - FIN § 28180
The rights and remedies provided in this division are in addition to any other rights and remedies provided by law.
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Financial Code - FIN - FIN § 28182
Financial Code - FIN - FIN § 28182
This division shall become operative on July 1, 2018. The commissioner may take any necessary actions to exercise the authority pursuant to this division to prepare for the July 1, 2018, operative date on and after January 1, 2017.
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Financial Code - FIN - FIN § 29000
Financial Code - FIN - FIN § 29000
As used in this division, “premium financing” means engaging in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, wherein the insured has assigned the unearned prem
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Financial Code - FIN - FIN § 29001
Financial Code - FIN - FIN § 29001
As used in this division, “finance charge” means any amount which the insured agrees to pay in excess of the premium and fees charged by the insurer or producer, and exclusive of the cost of credit life insurance and attorney fees.
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Financial Code - FIN - FIN § 29002
Financial Code - FIN - FIN § 29002
As used in this division, “premium finance agreement” means a loan contract, note, agreement, or obligation by which an insured agrees to pay to a lender in installments the principal amount advanced by the lender to an insurer or producer in payment of premium on an insurance co
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Financial Code - FIN - FIN § 29003
Financial Code - FIN - FIN § 29003
Any person engaged in premium financing may pay compensation to a licensed insurance agent or broker for arranging, directing or performing services in connection with a premium financing agreement; provided, that the premium financer shall maintain for inspection by the appropri
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Financial Code - FIN - FIN § 3
Financial Code - FIN - FIN § 3
Any action or proceeding commenced before this code takes effect, or any right accrued, is not affected by this code, but all procedure taken shall conform to the provisions of this code as far as possible.
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Financial Code - FIN - FIN § 300
Financial Code - FIN - FIN § 300
(a) In this section: (1) “Business and industrial development corporation” means a corporation licensed under Division 15 (commencing with Section 31000). (2) “Payment instrument” has the same meaning as set forth in Section 2003. (3) “Stored Value” has the same meaning as set fo
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Financial Code - FIN - FIN § 30000
Financial Code - FIN - FIN § 30000
This division is known and may be cited as the “Securities Depository Law.”
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Financial Code - FIN - FIN § 30001
Financial Code - FIN - FIN § 30001
Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
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Financial Code - FIN - FIN § 30002
Financial Code - FIN - FIN § 30002
“Commissioner” means the Commissioner of Financial Protection and Innovation.
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Financial Code - FIN - FIN § 30003
Financial Code - FIN - FIN § 30003
“Person” means, in addition to the singular, persons, group of persons, cooperative, association, company, firm, partnership, corporation, limited liability company, or other legal entity.
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Financial Code - FIN - FIN § 30004
Financial Code - FIN - FIN § 30004
“Securities depository” means any person or group of persons who acts as the custodian of securities in accordance with a system for the central handling of securities whereby all securities of a particular class or series of any issues deposited within the system are treated as
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Financial Code - FIN - FIN § 30005
Financial Code - FIN - FIN § 30005
This division does not apply to: (a) A securities depository which is operated by a corporation, all of the capital stock (other than directors’ qualifying shares, if any) of which is held by or for a national securities exchange or association registered under a statute of the U
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Financial Code - FIN - FIN § 30006
Financial Code - FIN - FIN § 30006
The commissioner may establish such rules and regulations as are reasonable or necessary to carry out the purposes and provisions of this division. The commissioner may, by rule, exempt from any or all of the provisions of this division any securities depository which the commiss
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Financial Code - FIN - FIN § 301
Financial Code - FIN - FIN § 301
(a) This chapter is applicable to this division, Division 1.1 (commencing with Section 1000), Division 1.2 (commencing with Section 2000), Division 1.6 (commencing with Section 4800), Division 5 (commencing with Section 14000), Division 7 (commencing with Section 18000), and Divi
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Financial Code - FIN - FIN § 30200
Financial Code - FIN - FIN § 30200
It shall be unlawful for any person to operate a securities depository within this state, or to solicit holders of securities within this state to place their securities into a securities depository located within this state or outside this state, except by means of a corporation
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Financial Code - FIN - FIN § 30201
Financial Code - FIN - FIN § 30201
A securities depository shall only be operated by a corportion: (a) At least 90 percent of the capital stock of which is held by or for one or more persons (other than individuals), each of whom, (i) is subject to supervision or regulation pursuant to the provisions of federal or
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Financial Code - FIN - FIN § 30202
Financial Code - FIN - FIN § 30202
The commisioner shall charge and collect the following fees: (a) For filing an application for a securities depository license, two thousand five hundred dollars ($2,500). (b) For holding a hearing in connection with the application, as set forth under Section 30205, the actual c
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Financial Code - FIN - FIN § 30203
Financial Code - FIN - FIN § 30203
All money received by the commissioner shall be paid by him or her into the State Treasury to the credit of the State Corporations Fund.
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Financial Code - FIN - FIN § 30204
Financial Code - FIN - FIN § 30204
An application for a securities depository license shall be signed and verified by an authorized officer of the applicant, and shall set forth in such form as the commissioner may prescribe: (a) The names and addresses of the incorporators, directors, and officers, with a stateme
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Financial Code - FIN - FIN § 30205
Financial Code - FIN - FIN § 30205
Upon the receipt of a proper and complete application for license, and all required fees, the commissioner shall immediately examine and investigate all facts connected with the proposed licensee, including but not limited to its stockholders, directors, officers and managers, an
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Financial Code - FIN - FIN § 30206
Financial Code - FIN - FIN § 30206
The commissioner may refuse to issue any license being applied for, and shall refuse to issue any license being applied for if upon his examination and investigation, and after appropriate hearing, he finds any of the following: (a) That the incorporators, directors, officers, or