18165. (a) Except as otherwise provided for in this division, an
industrial loan company shall not transact business or make any loan
provided for by this division at any other place of business than
that designated in its certificate of authorization issued pursuant
to Section 18101 or 18149, without having obtained the prior written
approval of the commissioner.
(b) An industrial loan company may solicit and make loans and
acquire obligations at a place of business other than designated in
its certificate of authorization upon written request to and written
approval of the commissioner, except as set forth in Section 18165.1,
without obtaining a certificate of authorization to conduct business
at a branch office pursuant to Article 4 (commencing with Section
18145), subject to the provisions of subdivision (d). The written
request for approval to conduct business shall be accompanied by a
processing fee of two hundred dollars ($200) for each place of
business and shall include the following:
(1) The proposed location of the place of business.
(2) A description of the industrial loan company's proposed plan
of business, including a description of the manner and extent to
which the industrial loan company proposes to direct and supervise
the place of business.
(3) The character, business qualifications, and other experience
of the proposed officers and managers directing the line of business
for which authorization is requested.
(4) If the place of business is to be located outside of this
state, a description of the regulation of the place of business by
the state of the United States where the place of business is
proposed to be located, including:
(A) A summary of the laws, administrative policies, and rules or
regulations of the state relating to the proposed establishment and
operation of the place of business.
(B) The name, address, and telephone number of the state agency
having jurisdiction over the proposed establishment and operation of
the place of business.
(C) A description of the extent and manner in which the
establishment and operation of the place of business will be
regulated by the state agency.
(D) Whether or not any law, administrative policy, or rule or
regulation of the state of the United States where the place of
business is proposed to be located would prohibit the commissioner
from, or restrict the commissioner in, examining or regulating the
place 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 the
opinion of the commissioner, may be relevant.
(c) The commissioner shall approve the request made pursuant to
subdivision (b) within 30 days after filing unless the commissioner
has ascertained that the company has failed to show any of the
following:
(1) Compliance with all applicable requirements of subdivision
(b).
(2) That the proposed plan of business would not violate any of
the laws or the regulations of the state in which the office is
proposed to conduct its business.
(3) That the company has adequate internal controls to manage the
conduct of the business proposed to be conducted.
(4) That the company has a person with the necessary business
qualifications, experience, or ability to direct and manage the
operations of the proposed plan of business.
(d) An industrial loan company that has given notice or has been
approved by the commissioner pursuant to subdivision (b) to solicit
and make loans and acquire obligations at a place of business other
than designated in its certificate of authorization shall comply with
the following:
(1) No investment certificates shall be solicited, offered, or
sold at the place of business.
(2) Loan files for loans originating at the place of business
shall be retained at the main or licensed branch location of the
industrial loan company, and all loans originating at the place of
business shall be coded in a manner so as to easily identify that
place of business.
(3) The place of business shall not be identified in any manner as
a branch location or as a licensed location of the industrial loan
company.
(4) If the place of business is outside of this state, the
industrial loan company shall, not less than five business days
before commencing business at that place of business, file with the
commissioner a report stating that the industrial loan company has
complied with all laws of that state applicable to the establishment
and operation of the place of business, and which contains a copy of
any document issued by the state agency having jurisdiction over the
proposed establishment and operation of the place of business
authorizing the industrial loan company to establish the place of
business.
(5) All books, accounts, papers, records, and files of the place
of business shall, upon request, be made available to the
commissioner or the commissioner's representatives in this state
within the time specified in the request.
(6) Any other conditions and limitations the commissioner may
require.
(e) An industrial loan company that opens a place of business for
which approval is required under subdivision (b) without first
obtaining the commissioner's written approval shall be liable for a
civil penalty of one hundred dollars ($100) for every day during
which the place of business is maintained without approval.
(f) The commissioner may by rule, order, or regulation permit
loans to be made or entered into and loans and obligations solicited
and acquired at places other than designated by an industrial loan
company in its certificate of authorization if those loans can be so
made consistent with the purposes of the Industrial Loan Law.
18165.1. (a) The commissioner may, by order or regulation, exempt
from the requirement of authorization by the commissioner set forth
in Section 18165 any establishment of an office or place of business
that the commissioner finds not necessary or appropriate to regulate
under that section.
(b) In granting an exemption under this section, the commissioner
may impose any conditions that the commissioner finds necessary or
appropriate.
18166. (a) If an industrial loan company desires to change its
place of business to a street address other than that designated in
its authorization, it shall give written notice to the commissioner
who shall issue his or her written authorization of the change,
provided the commissioner finds the change would not justify a
negative finding with respect to any matters set forth in Section
18117 or 18147.
(b) The commissioner may, by order or regulation, exempt from the
requirement of authorization by the commissioner set forth in
subdivision (a) any change of location of a place of business that
the commissioner finds not necessary or appropriate to regulate under
that section.
18165. (a) Except as otherwise provided for in this division, an
industrial loan company shall not transact business or make any loan
provided for by this division at any other place of business than
that designated in its certificate of authorization issued pursuant
to Section 18101 or 18149, without having obtained the prior written
approval of the commissioner.
(b) An industrial loan company may solicit and make loans and
acquire obligations at a place of business other than designated in
its certificate of authorization upon written request to and written
approval of the commissioner, except as set forth in Section 18165.1,
without obtaining a certificate of authorization to conduct business
at a branch office pursuant to Article 4 (commencing with Section
18145), subject to the provisions of subdivision (d). The written
request for approval to conduct business shall be accompanied by a
processing fee of two hundred dollars ($200) for each place of
business and shall include the following:
(1) The proposed location of the place of business.
(2) A description of the industrial loan company's proposed plan
of business, including a description of the manner and extent to
which the industrial loan company proposes to direct and supervise
the place of business.
(3) The character, business qualifications, and other experience
of the proposed officers and managers directing the line of business
for which authorization is requested.
(4) If the place of business is to be located outside of this
state, a description of the regulation of the place of business by
the state of the United States where the place of business is
proposed to be located, including:
(A) A summary of the laws, administrative policies, and rules or
regulations of the state relating to the proposed establishment and
operation of the place of business.
(B) The name, address, and telephone number of the state agency
having jurisdiction over the proposed establishment and operation of
the place of business.
(C) A description of the extent and manner in which the
establishment and operation of the place of business will be
regulated by the state agency.
(D) Whether or not any law, administrative policy, or rule or
regulation of the state of the United States where the place of
business is proposed to be located would prohibit the commissioner
from, or restrict the commissioner in, examining or regulating the
place 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 the
opinion of the commissioner, may be relevant.
(c) The commissioner shall approve the request made pursuant to
subdivision (b) within 30 days after filing unless the commissioner
has ascertained that the company has failed to show any of the
following:
(1) Compliance with all applicable requirements of subdivision
(b).
(2) That the proposed plan of business would not violate any of
the laws or the regulations of the state in which the office is
proposed to conduct its business.
(3) That the company has adequate internal controls to manage the
conduct of the business proposed to be conducted.
(4) That the company has a person with the necessary business
qualifications, experience, or ability to direct and manage the
operations of the proposed plan of business.
(d) An industrial loan company that has given notice or has been
approved by the commissioner pursuant to subdivision (b) to solicit
and make loans and acquire obligations at a place of business other
than designated in its certificate of authorization shall comply with
the following:
(1) No investment certificates shall be solicited, offered, or
sold at the place of business.
(2) Loan files for loans originating at the place of business
shall be retained at the main or licensed branch location of the
industrial loan company, and all loans originating at the place of
business shall be coded in a manner so as to easily identify that
place of business.
(3) The place of business shall not be identified in any manner as
a branch location or as a licensed location of the industrial loan
company.
(4) If the place of business is outside of this state, the
industrial loan company shall, not less than five business days
before commencing business at that place of business, file with the
commissioner a report stating that the industrial loan company has
complied with all laws of that state applicable to the establishment
and operation of the place of business, and which contains a copy of
any document issued by the state agency having jurisdiction over the
proposed establishment and operation of the place of business
authorizing the industrial loan company to establish the place of
business.
(5) All books, accounts, papers, records, and files of the place
of business shall, upon request, be made available to the
commissioner or the commissioner's representatives in this state
within the time specified in the request.
(6) Any other conditions and limitations the commissioner may
require.
(e) An industrial loan company that opens a place of business for
which approval is required under subdivision (b) without first
obtaining the commissioner's written approval shall be liable for a
civil penalty of one hundred dollars ($100) for every day during
which the place of business is maintained without approval.
(f) The commissioner may by rule, order, or regulation permit
loans to be made or entered into and loans and obligations solicited
and acquired at places other than designated by an industrial loan
company in its certificate of authorization if those loans can be so
made consistent with the purposes of the Industrial Loan Law.
18165.1. (a) The commissioner may, by order or regulation, exempt
from the requirement of authorization by the commissioner set forth
in Section 18165 any establishment of an office or place of business
that the commissioner finds not necessary or appropriate to regulate
under that section.
(b) In granting an exemption under this section, the commissioner
may impose any conditions that the commissioner finds necessary or
appropriate.
18166. (a) If an industrial loan company desires to change its
place of business to a street address other than that designated in
its authorization, it shall give written notice to the commissioner
who shall issue his or her written authorization of the change,
provided the commissioner finds the change would not justify a
negative finding with respect to any matters set forth in Section
18117 or 18147.
(b) The commissioner may, by order or regulation, exempt from the
requirement of authorization by the commissioner set forth in
subdivision (a) any change of location of a place of business that
the commissioner finds not necessary or appropriate to regulate under
that section.
18165. (a) Except as otherwise provided for in this division, an
industrial loan company shall not transact business or make any loan
provided for by this division at any other place of business than
that designated in its certificate of authorization issued pursuant
to Section 18101 or 18149, without having obtained the prior written
approval of the commissioner.
(b) An industrial loan company may solicit and make loans and
acquire obligations at a place of business other than designated in
its certificate of authorization upon written request to and written
approval of the commissioner, except as set forth in Section 18165.1,
without obtaining a certificate of authorization to conduct business
at a branch office pursuant to Article 4 (commencing with Section
18145), subject to the provisions of subdivision (d). The written
request for approval to conduct business shall be accompanied by a
processing fee of two hundred dollars ($200) for each place of
business and shall include the following:
(1) The proposed location of the place of business.
(2) A description of the industrial loan company's proposed plan
of business, including a description of the manner and extent to
which the industrial loan company proposes to direct and supervise
the place of business.
(3) The character, business qualifications, and other experience
of the proposed officers and managers directing the line of business
for which authorization is requested.
(4) If the place of business is to be located outside of this
state, a description of the regulation of the place of business by
the state of the United States where the place of business is
proposed to be located, including:
(A) A summary of the laws, administrative policies, and rules or
regulations of the state relating to the proposed establishment and
operation of the place of business.
(B) The name, address, and telephone number of the state agency
having jurisdiction over the proposed establishment and operation of
the place of business.
(C) A description of the extent and manner in which the
establishment and operation of the place of business will be
regulated by the state agency.
(D) Whether or not any law, administrative policy, or rule or
regulation of the state of the United States where the place of
business is proposed to be located would prohibit the commissioner
from, or restrict the commissioner in, examining or regulating the
place 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 the
opinion of the commissioner, may be relevant.
(c) The commissioner shall approve the request made pursuant to
subdivision (b) within 30 days after filing unless the commissioner
has ascertained that the company has failed to show any of the
following:
(1) Compliance with all applicable requirements of subdivision
(b).
(2) That the proposed plan of business would not violate any of
the laws or the regulations of the state in which the office is
proposed to conduct its business.
(3) That the company has adequate internal controls to manage the
conduct of the business proposed to be conducted.
(4) That the company has a person with the necessary business
qualifications, experience, or ability to direct and manage the
operations of the proposed plan of business.
(d) An industrial loan company that has given notice or has been
approved by the commissioner pursuant to subdivision (b) to solicit
and make loans and acquire obligations at a place of business other
than designated in its certificate of authorization shall comply with
the following:
(1) No investment certificates shall be solicited, offered, or
sold at the place of business.
(2) Loan files for loans originating at the place of business
shall be retained at the main or licensed branch location of the
industrial loan company, and all loans originating at the place of
business shall be coded in a manner so as to easily identify that
place of business.
(3) The place of business shall not be identified in any manner as
a branch location or as a licensed location of the industrial loan
company.
(4) If the place of business is outside of this state, the
industrial loan company shall, not less than five business days
before commencing business at that place of business, file with the
commissioner a report stating that the industrial loan company has
complied with all laws of that state applicable to the establishment
and operation of the place of business, and which contains a copy of
any document issued by the state agency having jurisdiction over the
proposed establishment and operation of the place of business
authorizing the industrial loan company to establish the place of
business.
(5) All books, accounts, papers, records, and files of the place
of business shall, upon request, be made available to the
commissioner or the commissioner's representatives in this state
within the time specified in the request.
(6) Any other conditions and limitations the commissioner may
require.
(e) An industrial loan company that opens a place of business for
which approval is required under subdivision (b) without first
obtaining the commissioner's written approval shall be liable for a
civil penalty of one hundred dollars ($100) for every day during
which the place of business is maintained without approval.
(f) The commissioner may by rule, order, or regulation permit
loans to be made or entered into and loans and obligations solicited
and acquired at places other than designated by an industrial loan
company in its certificate of authorization if those loans can be so
made consistent with the purposes of the Industrial Loan Law.
18165.1. (a) The commissioner may, by order or regulation, exempt
from the requirement of authorization by the commissioner set forth
in Section 18165 any establishment of an office or place of business
that the commissioner finds not necessary or appropriate to regulate
under that section.
(b) In granting an exemption under this section, the commissioner
may impose any conditions that the commissioner finds necessary or
appropriate.
18166. (a) If an industrial loan company desires to change its
place of business to a street address other than that designated in
its authorization, it shall give written notice to the commissioner
who shall issue his or her written authorization of the change,
provided the commissioner finds the change would not justify a
negative finding with respect to any matters set forth in Section
18117 or 18147.
(b) The commissioner may, by order or regulation, exempt from the
requirement of authorization by the commissioner set forth in
subdivision (a) any change of location of a place of business that
the commissioner finds not necessary or appropriate to regulate under
that section.
