SECTIONS 18165-18166

18165.  (a) Except as otherwise provided for in this division, anindustrial loan company shall not transact business or make any loanprovided for by this division at any other place of business thanthat designated in its certificate of authorization issued pursuantto Section 18101 or 18149, without having obtained the prior writtenapproval of the commissioner. (b) An industrial loan company may solicit and make loans andacquire obligations at a place of business other than designated inits certificate of authorization upon written request to and writtenapproval of the commissioner, except as set forth in Section 18165.1,without obtaining a certificate of authorization to conduct businessat a branch office pursuant to Article 4 (commencing with Section18145), subject to the provisions of subdivision (d). The writtenrequest for approval to conduct business shall be accompanied by aprocessing fee of two hundred dollars ($200) for each place ofbusiness and shall include the following: (1) The proposed location of the place of business. (2) A description of the industrial loan company's proposed planof business, including a description of the manner and extent towhich the industrial loan company proposes to direct and supervisethe place of business. (3) The character, business qualifications, and other experienceof the proposed officers and managers directing the line of businessfor which authorization is requested. (4) If the place of business is to be located outside of thisstate, a description of the regulation of the place of business bythe state of the United States where the place of business isproposed to be located, including: (A) A summary of the laws, administrative policies, and rules orregulations of the state relating to the proposed establishment andoperation of the place of business. (B) The name, address, and telephone number of the state agencyhaving jurisdiction over the proposed establishment and operation ofthe place of business. (C) A description of the extent and manner in which theestablishment and operation of the place of business will beregulated by the state agency. (D) Whether or not any law, administrative policy, or rule orregulation of the state of the United States where the place ofbusiness is proposed to be located would prohibit the commissionerfrom, or restrict the commissioner in, examining or regulating theplace of business, and, if so, a citation to and summary of the law,administrative policy, rule, or regulation. (5) Any other information bearing on the proposal that, in theopinion of the commissioner, may be relevant. (c) The commissioner shall approve the request made pursuant tosubdivision (b) within 30 days after filing unless the commissionerhas ascertained that the company has failed to show any of thefollowing: (1) Compliance with all applicable requirements of subdivision(b). (2) That the proposed plan of business would not violate any ofthe laws or the regulations of the state in which the office isproposed to conduct its business. (3) That the company has adequate internal controls to manage theconduct of the business proposed to be conducted. (4) That the company has a person with the necessary businessqualifications, experience, or ability to direct and manage theoperations of the proposed plan of business. (d) An industrial loan company that has given notice or has beenapproved by the commissioner pursuant to subdivision (b) to solicitand make loans and acquire obligations at a place of business otherthan designated in its certificate of authorization shall comply withthe following: (1) No investment certificates shall be solicited, offered, orsold at the place of business. (2) Loan files for loans originating at the place of businessshall be retained at the main or licensed branch location of theindustrial loan company, and all loans originating at the place ofbusiness shall be coded in a manner so as to easily identify thatplace of business. (3) The place of business shall not be identified in any manner asa branch location or as a licensed location of the industrial loancompany. (4) If the place of business is outside of this state, theindustrial loan company shall, not less than five business daysbefore commencing business at that place of business, file with thecommissioner a report stating that the industrial loan company hascomplied with all laws of that state applicable to the establishmentand operation of the place of business, and which contains a copy ofany document issued by the state agency having jurisdiction over theproposed establishment and operation of the place of businessauthorizing the industrial loan company to establish the place ofbusiness. (5) All books, accounts, papers, records, and files of the placeof business shall, upon request, be made available to thecommissioner or the commissioner's representatives in this statewithin the time specified in the request. (6) Any other conditions and limitations the commissioner mayrequire. (e) An industrial loan company that opens a place of business forwhich approval is required under subdivision (b) without firstobtaining the commissioner's written approval shall be liable for acivil penalty of one hundred dollars ($100) for every day duringwhich the place of business is maintained without approval. (f) The commissioner may by rule, order, or regulation permitloans to be made or entered into and loans and obligations solicitedand acquired at places other than designated by an industrial loancompany in its certificate of authorization if those loans can be somade consistent with the purposes of the Industrial Loan Law.18165.1.  (a) The commissioner may, by order or regulation, exemptfrom the requirement of authorization by the commissioner set forthin Section 18165 any establishment of an office or place of businessthat the commissioner finds not necessary or appropriate to regulateunder that section. (b) In granting an exemption under this section, the commissionermay impose any conditions that the commissioner finds necessary orappropriate.18166.  (a) If an industrial loan company desires to change itsplace of business to a street address other than that designated inits authorization, it shall give written notice to the commissionerwho shall issue his or her written authorization of the change,provided the commissioner finds the change would not justify anegative finding with respect to any matters set forth in Section18117 or 18147. (b) The commissioner may, by order or regulation, exempt from therequirement of authorization by the commissioner set forth insubdivision (a) any change of location of a place of business thatthe commissioner finds not necessary or appropriate to regulate underthat section.