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§ 80.4105.11. Information Regarding Control Persons Who Are Not Residents of the United States.

10 CA ADC § 80.4105.11Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 10. Investment
Chapter 1. Commissioner of Business Oversight, Division of Financial Institutions
Subchapter 80. Money Transmission
Article 5. Issuance of License
Subarticle 2. Application
10 CCR § 80.4105.11
§ 80.4105.11. Information Regarding Control Persons Who Are Not Residents of the United States.
(a) If any control person of the applicant does not currently reside or has not resided in the United States for at least ten years, the applicant shall engage a search firm to perform an investigative background report of such control person, which shall be submitted directly to the Commissioner in addition to other background information required in the application. Such firm must be able to demonstrate that it has sufficient resources and is properly licensed to conduct the background search. The search firm may not be affiliated with or be an interest of any of the persons who are the subject of the search. The report must be in English. The cost of the report shall be paid by the applicant or control person.
(b) The report shall contain the following, at a minimum:
(1) A comprehensive credit report and/or history, including the actual credit report as well as a summary.
(2) Civil court and bankruptcy court records concerning the control person for the past ten years. The search for such records shall include a search of the court data in the country(ies), states, and towns where the person resided and worked and in the contiguous areas.
(3) Criminal records of the control person including felonies, misdemeanors and violations (excluding traffic violations). The search for such records shall include a search of court data in the country(ies), states, and towns where the person resided and worked and in the contiguous areas.
(4) Education records.
(5) Employment history during the last ten years.
(6) Media records referencing the control person. The search for such records shall include a search of national and local publications, wire services, and business publications.
(7) Regulatory history, particularly in securities, insurance, mortgage-related, or real estate.
(c) The report shall be accompanied by a search summary letter, which
(i) identifies the scope of the search,
(ii) indicates the independence of the search firm from the applicant and the control person(s) who are the subject of the search, and
(iii) identifies a person and contact information for that person, who the Commissioner may contact with questions regarding the report.
(d) If the control person has had a report, containing at least the information listed in subdivision (b) of this section, prepared for another licensing agency within 12 months of the filing of the application, the control person may request that licensing agency or the search firm to submit a copy of that report to the Commissioner. If the control person elects to submit a prior report as authorized in this subdivision, the control person shall also submit a statement of no material change in items in the report.

Credits

Note: Authority cited: Sections 321, 334 and 2032, Financial Code. Reference: Sections 2032, 2035 and 2036, Financial Code.
History
1. New section filed 8-11-2015; operative 10-1-2015 (Register 2015, No. 33).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 10, § 80.4105.11, 10 CA ADC § 80.4105.11
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