Title FIN, California Fin. Code

To accomplish its underlying purposes and policies, this division creates a class of exempt persons pursuant to Section 1 of Article XV of the California Constitution. It is the intent of the Legislature to preserve existing exemptions under Section 1 of Article XV of the Constit…

Unless the context otherwise requires, the definitions given in this article govern the construction of this division. (Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)

“Assessment contract” means an agreement entered into between all property owners of record on real property and a public agency in which, for voluntary contractual assessments imposed on the real property, the public agency provides a PACE assessment for the installation of one …

“Broker” includes any person who is engaged in the business of negotiating or performing any act as broker in connection with loans made by a finance lender. (Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. …

“Commissioner” means the Commissioner of Financial Protection and Innovation. (Amended by Stats. 2022, Ch. 452, Sec. 132. (SB 1498) Effective January 1, 2023.)

As used in this division, the terms “security interest,” “accounts,” “chattel paper,” “documents,” “general intangibles,” “goods,” and “instruments” are as defined in the Uniform Commercial Code. (Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Ope…

(a) “Licensee” means any finance lender, broker, or program administrator who receives a license in accordance with this division. (b) This section shall become operative on January 1, 2019. (Repealed (in Sec. 8) and added by Stats. 2017, Ch. 475, Sec. 9. (AB 1284) Effective Octo…

“Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, an unincorporated organization, a government, or a political subdivision of a government. (Repealed and added by Stats. 1994, …

“Finance lender” includes any person who is engaged in the business of making consumer loans or making commercial loans. The business of making consumer loans or commercial loans may include lending money and taking, in the name of the lender, or in any other name, in whole or in…

(a) “Finance lender,” “broker,” and “program administrator” do not include employees regularly employed at the location specified in the license of the finance lender, broker, or program administrator, except that an employee, when acting within the scope of his or her employment…

A “regulatory ceiling provision” is a statement in a section or subdivision that specifies an original bona fide principal loan amount at or above which that section or subdivision does not apply to a loan. (Repealed and added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1…

(a) “Branch office license” means a license to engage in business as a finance lender or broker at a location other than the location identified in a finance lender or broker license application or amended application. (b) “Depository institution” has the same meaning as in Secti…

(a) “Mortgage loan originator” means an individual who, for compensation or gain, or in the expectation of compensation or gain, takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. (b) Mortgage loan originator does not inclu…

(a) A loan processor or underwriter who does not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual c…

“PACE assessment” means a voluntary contractual assessment, voluntary special tax, or special tax, as described in subdivisions (a), (b), and (c) of Section 26054 of the Public Resources Code. (Added by Stats. 2017, Ch. 475, Sec. 12. (AB 1284) Effective October 4, 2017.)

“PACE program” means a program in which financing is provided for the installation of efficiency improvements on real property and funded through the use of property assessments, as well as other program components defined in this section, established pursuant to any of the follo…

(a) “PACE solicitor” means a person authorized by a program administrator to solicit a property owner to enter into an assessment contract. (b) “PACE solicitor agent” means an individual who is employed or retained by, and acts on behalf of, a PACE solicitor to solicit a property…

(a) “Program administrator” means a person administering a PACE program on behalf of, and with the written consent of, a public agency. “Program administrator” does not include a public agency. (b) For purposes of this division, “program administrator” does not include a person w…

“Property owner” means all property owners of record on the property subject to the PACE assessment. (Added by Stats. 2017, Ch. 475, Sec. 16. (AB 1284) Effective October 4, 2017.)

“Efficiency improvement” means one or more permanent improvements fixed to real property financed through a PACE assessment. (Added by Stats. 2017, Ch. 475, Sec. 17. (AB 1284) Effective October 4, 2017.)

“Public agency” means a city, including a charter city, county, city and county, municipal utility district, community services district, community facilities district, joint powers authority, sanitary district, sanitation district, or water district, as defined in Section 20200 …

This division shall be known and may be cited as the “California Deferred Deposit Transaction Law.” (Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

As used in this division, the following terms have the following meanings: (a) “Deferred deposit transaction” means a transaction whereby a person defers depositing a customer’s personal check until a specific date, pursuant to a written agreement for a fee or other charge, as pr…

This division may be known and cited as the “Student Loan Servicing Act.” (Added by Stats. 2016, Ch. 824, Sec. 2. (AB 2251) Effective January 1, 2017. Operative July 1, 2018, pursuant to Section 28182.)

This division shall be known and may be cited as the “Business and Industrial Development Corporations Law”. (Added by Stats. 1977, Ch. 1164.)

This division shall be liberally construed to accomplish its purposes. (Added by Stats. 1977, Ch. 1164.)

No provision of this division imposing any liability applies to any act committed in good faith in conformity with any regulation, order, or written interpretive opinion of the commissioner or any such opinion of the Attorney General, notwithstanding that such regulation, order, …

In this division, unless otherwise expressly provided: (a) A reference to a statute or to a regulation includes such statute or regulation as amended, whether before or after the effective date of this division, as well as any new statute or regulation substituted for such statut…

Except as otherwise provided in Chapter 14 (commencing with Section 31950) of this division: (a) The provisions of the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) shall apply to any licensee which is a California nonpr…

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 which can be given effect wi…

This division shall be known and may be cited as the “State Assistance Fund for Enterprise Act of 1989.” (Amended by Stats. 1989, Ch. 1040, Sec. 2.)

In this division, unless the context otherwise requires: (a) A reference to a statute or to a regulation includes such statute or regulation as amended, whether before or after the effective date of this division, as well as any new statute or regulation substituted for such stat…

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 enforceability shall not affect other provisions or applications of this division which can be given effect with…

This division shall be known and may be cited as the “Depository Corporation Sale, Merger, and Conversion Law.” (Added by Stats. 1982, Ch. 1411, Sec. 3.)

In this division, unless otherwise expressly provided: (a) A reference to a statute or to a regulation includes the statute or regulation, as amended, whether before or after the effective date of this division, as well as any new statute or regulation substituted for the statute…

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 which can be given effect wi…

If and to the extent that any provision of this division is preempted by federal law, the provision does not apply and shall not be enforced. (Added by Stats. 1995, Ch. 480, Sec. 95.1. Effective October 2, 1995.)

This division may be cited as the “Savings Association Law.” (Repealed and added by Stats. 1983, Ch. 1091, Sec. 2.)

(a) No person shall engage in the business of debt collection in this state without first obtaining a license pursuant to this division. To the extent permitted by federal law, a person is acting in this state if the person is located in this state and is seeking to collect from …

The use by any person, other than those authorized by this division, of any name or title which contains the phrase “credit union,” is a misdemeanor. Nonprofit associations, which are formed for the mutual benefit and protection of credit unions, by credit unions organized under …

Any person who willfully and knowingly makes, circulates, or transmits to another or others any statement or rumor, written, printed or by word of mouth, which is untrue in facts and is directly or by inference derogatory to the financial condition or affects the solvency or fina…

In addition to the powers enumerated in this division, every credit union has the general powers conferred upon corporations by the Nonprofit Mutual Benefit Corporation Law of this state unless restricted by this division. (Amended by Stats. 1981, Ch. 714, Sec. 131.)

(a) For purposes of this section, the following definitions apply: (1) “Fee” means a nonsufficient funds fee or an overdraft fee. (2) “Nonsufficient funds fee” means a fee resulting from the initiation of a transaction that exceeds the member’s available account balance if the me…

An industrial loan company shall not appoint or continue in office any officer, director or management personnel who do not have the qualifications required by Section 18117 (d). (Added by Stats. 1976, Ch. 964.)

(a) An industrial loan company shall not deposit its funds except with a bank, trust company, or savings association authorized to do business in this state, except as provided in subdivision (b). (b) An industrial loan company which is insured, as that term is defined in Section…