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§ 110.214. Unlawful Commissions, Referral Fees, etc.; Other Prohibited Arrangements.

10 CA ADC § 110.214Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 10. Investment
Chapter 2. Savings and Loan Commissioner (Refs & Annos)
Subchapter 10. Escrow Operations
Article 2. Escrow Operations
10 CCR § 110.214
§ 110.214. Unlawful Commissions, Referral Fees, etc.; Other Prohibited Arrangements.
(a) Except for the normal compensation of its own employees, a service corporation which acts as an escrow agent shall not pay to any other person any commission, fee, or other consideration as compensation for referring, soliciting, handling, or servicing escrow customers or accounts.
(b) Except as permitted by subdivision (c), below, a service corporation which acts as an escrow agent is further prohibited from entering into any arrangement, or other device, either directly or indirectly, or through any other person having a dual capacity, or through any person having a direct or indirect interest in the escrow, permitting any fee, commission, or compensation which is contingent upon the performance of any act, condition, or instruction set forth in an escrow to be drawn or paid, either in whole or in part, or in kind or its equivalent, prior to the actual closing and completion of the escrow.
(c) A disbursal, other than for a fee, commission, or compensation, may be advanced or paid out prior to the close of an escrow if the written instructions of all parties to the transaction so provide.

Credits

Note: Authority cited: Section 8053, Financial Code. Reference: Section 6521, Financial Code.
History
1. New section filed 12-7-88; operative 1-6-89 (Register 8, No. 52).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 10, § 110.214, 10 CA ADC § 110.214
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