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Financial Code - FIN - FIN § 330
Financial Code - FIN - FIN § 330
The authority vested in the Superintendent of Banks under subdivision (2) of Section 1 of Article XV of the California Constitution is delegated to the commissioner.
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Financial Code - FIN - FIN § 3301
Financial Code - FIN - FIN § 3301
(a) (1) (A) The department may, at any time and from time to time, examine the business and any office, within or outside this state, of any licensee, or any agent of a licensee, in order to ascertain whether the business is being conducted in a lawful manner and whether all digi
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Financial Code - FIN - FIN § 3303
Financial Code - FIN - FIN § 3303
(a) A licensee shall maintain, for all digital financial asset business activity with, or on behalf of, a resident for five years after the date of the activity, a record of all of the following: (1) Any transaction of the licensee with, or on behalf of, the resident or for the l
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Financial Code - FIN - FIN § 3305
Financial Code - FIN - FIN § 3305
The department may cooperate, coordinate, jointly examine, consult, and share records and other information with a self-regulatory organization, a federal or state agency, law enforcement, or a regulator of a jurisdiction outside the United States, concerning the affairs and cond
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Financial Code - FIN - FIN § 3307
Financial Code - FIN - FIN § 3307
(a) A licensee shall file with the department a report of the following, as may be applicable: (1) A material change in information in the application for a license under this division or the most recent annual report of the licensee under this division. (2) A change in the licen
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Financial Code - FIN - FIN § 3309
Financial Code - FIN - FIN § 3309
(a) For purposes of this section, “proposed person to be in control” means the person that would control a licensee after a proposed transaction that would result in a change in control of the licensee. (b) The following rules apply in determining whether a person has control ove
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Financial Code - FIN - FIN § 331
Financial Code - FIN - FIN § 331
The commissioner may adopt and implement any method of accepting electronic filings of applications, reports, or other matters, which, in the opinion of the commissioner, is secure. Any method of electronic filing chosen by the commissioner shall include a method to verify the id
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Financial Code - FIN - FIN § 331.5
Financial Code - FIN - FIN § 331.5
(a) (1) A licensee subject to the commissioner’s jurisdiction shall establish and maintain an electronic service address designated for receiving communications and documents that are sent by the commissioner to licensees. This electronic service address shall be provided to the
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Financial Code - FIN - FIN § 3311
Financial Code - FIN - FIN § 3311
(a) Before a proposed merger or consolidation of a licensee with another person, the licensee shall submit all of the following, as applicable, to the department in a record: (1) An application in a form and medium prescribed by the department. (2) The plan of merger or consolida
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Financial Code - FIN - FIN § 332
Financial Code - FIN - FIN § 332
(a) (1) In this section, “federal law” includes, but is not limited to, the United States Constitution, any federal statute, any federal court decision, and any regulation, circular, bulletin, interpretation, decision, order, and waiver issued by a federal agency. (2) The definit
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Financial Code - FIN - FIN § 333
Financial Code - FIN - FIN § 333
The powers of supervision and examination of all licensees are vested in the commissioner.
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Financial Code - FIN - FIN § 334
Financial Code - FIN - FIN § 334
The commissioner may promulgate or waive such rules and regulations as may be reasonable or necessary to carry out his or her duties and responsibilities.
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Financial Code - FIN - FIN § 335
Financial Code - FIN - FIN § 335
(a) The commissioner, whenever in his or her opinion such action is necessary or appropriate to carry out his or her duties, may call a meeting of the board of directors of a licensee. (b) A meeting of the board of a licensee called by the commissioner shall be held upon four day
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Financial Code - FIN - FIN § 336
Financial Code - FIN - FIN § 336
The commissioner may, at any time, require a licensee to write down any asset held by the licensee to a valuation that will represent the asset’s then fair market value.
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Financial Code - FIN - FIN § 337
Financial Code - FIN - FIN § 337
(a) The commissioner, when conducting examinations under Section 500, 14250, 16150, or 16700, shall examine a licensee that maintains a correspondent account or payable-through account for compliance with the federal Comprehensive Iran Sanctions, Accountability, and Divestment Ac
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Financial Code - FIN - FIN § 338
Financial Code - FIN - FIN § 338
Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, includin
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Financial Code - FIN - FIN § 3401
Financial Code - FIN - FIN § 3401
For the purpose of this chapter, “enforcement measure” means an action that includes, but is not limited to, all of the following: (a) Suspend or revoke a license under this division. (b) Order a person to cease and desist from doing digital financial asset business activity with
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Financial Code - FIN - FIN § 3403
Financial Code - FIN - FIN § 3403
(a) The department may take an enforcement measure against a licensee or person that is not a licensee but has engaged, is engaging, or is about to engage in digital financial asset business activity with, or on behalf of, a resident in any of the following instances: (1) The lic
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Financial Code - FIN - FIN § 3405
Financial Code - FIN - FIN § 3405
(a) Except as provided in subdivision (b), the department may take an enforcement measure only after notice and opportunity for a hearing as appropriate in the circumstances. (b) (1) (A) The department may take an enforcement measure, other than the imposition of a civil penalty
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Financial Code - FIN - FIN § 3407
Financial Code - FIN - FIN § 3407
(a) If a person other than a licensee has engaged, is engaging, or is about to engage in digital financial asset business activity with, or on behalf of, a resident in violation of this division, the department may assess a civil penalty against the person in an amount not to exc
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Financial Code - FIN - FIN § 3409
Financial Code - FIN - FIN § 3409
(a) Revocation of a license under this division is effective against a licensee one day after the department sends notice in a record of the revocation to the licensee by a means reasonably selected for the notice to be received by the recipient in one day to the address provided
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Financial Code - FIN - FIN § 3411
Financial Code - FIN - FIN § 3411
The department may enter into a consent order with a person regarding an enforcement measure. The order may provide that it does not constitute an admission of fact by a party.
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Financial Code - FIN - FIN § 3413
Financial Code - FIN - FIN § 3413
Whenever the commissioner deems it necessary for the general welfare of the public, the commissioner has continuous authority to exercise the powers set forth in this division whether or not an application for a license has been filed with the commissioner, any license has been i
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Financial Code - FIN - FIN § 3415
Financial Code - FIN - FIN § 3415
(a) This chapter shall not be construed to provide a private right of action to a resident. (b) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under any other law, and shall not be construed to relieve any party from
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Financial Code - FIN - FIN § 350
Financial Code - FIN - FIN § 350
The chief deputy shall be appointed by the Governor and hold office at the pleasure of the Governor. The annual salary of the chief deputy shall be fixed by the Governor.