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§ 80.4111. Information Regarding Financial Statements and Reports.

10 CA ADC § 80.4111Barclays 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 § 80.4111
§ 80.4111. Information Regarding Financial Statements and Reports.
(a) In case the applicant is not a reporting company:
(1) Provide the following financial statements of the applicant:
(A) Balance sheet as of a date within 60 days before the filing of the application. If asset values for any asset represent 10% or more of total assets, the applicant shall provide documentation to support the asset values of such assets.
(B) If the balance sheet called for in Subparagraph (A) of this Paragraph (1) is not as of the end of a fiscal year of the applicant, a balance sheet as of the end of the fiscal year of the applicant next preceding the date of such balance sheet.
(C) Statement of income, a statement of cash flows, and a statement of shareholders' equity for each of the two fiscal years of the applicant next preceding the date of the balance sheet called for in Subparagraph (A) of this Paragraph (1) and, if such balance sheet is not as of the end of a fiscal year of the applicant, a statement of income for the interim period from the date of the balance sheet called for in Subparagraph (B) of this Paragraph (1) to the date of the balance sheet called for in Subparagraph (A) of this Paragraph (1).
(2) In case the applicant has any subsidiaries, provide the financial statements called for in Paragraph (1) of this Subdivision (a) on a consolidated basis, including a schedule of eliminating entries.
(b) In case the applicant has a parent which is not a reporting company, provide the following financial statements of such parent on a consolidated basis.
(1) Balance sheet as of a date within 60 days before the filing of the application.
(2) If the balance sheet called for in Paragraph (1) of this Subdivision (b) is not as of the end of a fiscal year of the parent, a balance sheet as of the end of the fiscal year of the applicant next preceding the date of such balance sheet.
(3) Statement of income, a statement of cash flows, and a statement of shareholders' equity for each of the two fiscal years of the parent next preceding the date of the balance sheet called for in Paragraph (1) of this Subdivision (b) and, if such balance sheet is not as of the end of the fiscal year of the applicant, a statement of income for the interim period from the date of the balance sheet called for in Paragraph (2) of this Subdivision (b) to the date of the balance sheet called for in Paragraph (1) of this Subdivision (b).
(c) In case the applicant presently transacts money transmission outside the State of California:
(1) For money received for transmission, provide the following:
(A) A statement showing the total dollar amount in thousands of all outstanding money received for transmission that was received by the licensee in locations outside of California, but in the United States and territories, for the fiscal year immediately preceding the filing of the application.
(B) A statement showing the total dollar amount in thousands of all outstanding money received for transmission that was received by the licensee in locations outside of the United States, for the fiscal year immediately preceding the filing of the application.
(C) A statement showing the total amount of money received for transmission liability as of 60 days before the filing of the application.
(2) For payment instruments, provide the following:
(A) A statement showing the total dollar amount in thousands of the outstanding payment instruments liability from sales in other U.S. States and territories, for the fiscal year immediately preceding the filing of the application.
(B) A statement showing the total dollar amount in thousands of the outstanding payment instruments liability from sales in locations outside of the United States, for the fiscal year immediately preceding the filing of the application.
(C) A statement showing the total amount of outstanding payment instruments as of 60 days before the filing of the application.
(3) For stored value, provide the following:
(A) A statement showing the total dollar amount in thousands of the outstanding stored value liability from sales in other U.S. States and territories, for the fiscal year immediately preceding the filing of the application.
(B) A statement showing the total dollar amount in thousands of the outstanding stored value liability from sales in locations outside of the United States, for the fiscal year immediately preceding the filing of the application.
(C) A statement showing the total amount of outstanding stored value as of 60 days before the filing of the application.
(4) Provide a statement showing the amount of payment instruments issued and sold by the applicant which were pre-clears as of the date of each of the balance sheets referred to in Paragraph (1), Subdivision (a) of this Section.
(5) Provide a statement of the eligible securities owned by the applicant as of the date of the balance sheet referred to in Subparagraph (A), Paragraph (1), Subdivision (a) of this Section, showing the total value of such eligible securities, as determined in accordance with Financial Code Section 2083.
(d)(1) Provide a copy of each of the last two annual reports of the applicant to its shareholders, a copy of any interim report issued by the applicant to its shareholders since the last annual report, and a copy of the last proxy or information statement issued by the applicant.
(2) If the applicant is required to file reports with the Securities and Exchange Commission pursuant to Section 13 of the Securities Exchange Act of 1934 and regulations of the Securities and Exchange Commission issued thereunder, provide a copy of each of the last two annual reports (Securities and Exchange Commission Form 10-K) filed by the applicant with the Securities and Exchange Commission and a copy of each quarterly report (Securities and Exchange Commission Form 10-Q) and current report (Securities and Exchange Commission Form 8-K) filed by the applicant with the Securities and Exchange Commission since the last annual report.
(e) In case the applicant has a parent:
(1) Provide a copy of each of the last two annual reports of the parent to its shareholders, a copy of any interim report issued by the parent to its shareholders since the last annual report, and a copy of the last proxy or information statement issued by the parent.
(2) If the parent is required to file reports with the Securities and Exchange Commission pursuant to Section 13 of the Securities Exchange Act of 1934 and regulations of the Securities and Exchange Commission issued thereunder, provide a copy of each of the last two annual reports (Securities and Exchange Commission Form 10-K) filed by the parent with the Securities and Exchange Commission and a copy of each quarterly report (Securities and Exchange Commission Form 10-Q) and current report (Securities and Exchange Commission Form 8-K) filed by the parent with the Securities and Exchange Commission since the last annual report.
(f) Provide the following, audited if available, financial statements of the applicant each certified as correct by the chief financial officer of the applicant.
(1) A copy of the applicant's audited financial statements for the most recent fiscal year and, if available, for the two-year period next preceding the submission of the application.
(2) A copy of the applicant's unconsolidated financial statements for the current fiscal year, whether audited or not, and, if available, for the two-year period next preceding the submission of the application.
(g) If the applicant is a wholly owned subsidiary of:
(1) A corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the parent corporation's most recent report filed under Section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. § 78m) and, if available, for the two-year period next preceding the submission of the application.
(2) A corporation publicly traded outside the United States, a copy of documentation similar to that described in subdivision (d)(1) of this section filed with the regulator of the parent corporation's domicile outside the United States.

Credits

Note: Authority cited: Sections 321, 334 and 2032, Financial Code. Reference: Section 2032, Financial Code.
History
1. Amendment of subsections (a)(1)(C) and (a)(2), repealer of subsections (b) and (d), subsection relettering, amendment of newly designated subsections (b), (b)(2) and (b)(3), repealer of newly designated subsection (c)(5), amendment of newly designated subsection (c)(6) and repealer of newly designated subsections (c)(6)(A)-(c)(7) filed 4-7-97; operative 4-7-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
2. Amendment of subsections (a)(1)(C), (b)(3), (d)(1)-(2) and (e)(1)-(2) and amendment of Note filed 4-14-98; operative 5-14-98 (Register 98, No. 16).
3. Amendment of section and Note 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, § 80.4111, 10 CA ADC § 80.4111
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