Chapter 1. Definitions of California Financial Code >> Division 3. >> Chapter 1.
This division is known and may be cited as the Check
Sellers, Bill Payers and Proraters Law.
Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this division.
A check seller is a person: (a) who, for compensation,
engages, in whole or in part, in the business of selling checks,
drafts, money orders, or other commercial paper serving the same
purpose, or receiving money as agent of an obligor for the purpose of
paying to a person other than the check seller bills, invoices, or
accounts of such obligor, or (b) who, without direct compensation and
not as an authorized agent for a utility company, accepts money for
the purpose of forwarding it to others in payment of utility bills.
A prorater is a person who, for compensation, engages in
whole or in part in the business of receiving money or evidences
thereof for the purpose of distributing the money or evidences
thereof among creditors in payment or partial payment of the
obligations of the debtor.
A business agent, for the purpose of this division is a
person who engages in business as a prorater as defined in Section
12002.1 as an incident to the business of advising, counseling, or
directing persons in their investments, and in the organization and
management of their affairs under an exclusive contract, the primary
purpose of which is not the liquidation of existing indebtedness.
"Commissioner" means the Commissioner of Business Oversight,
or any deputy, investigator, auditor, or any other person employed
by him or her.
"Licensee" means any individual or corporation licensed by
the commissioner to engage in the business of a business agent, and
any corporation licensed by the commissioner to engage in the
business of selling checks, drafts or money orders, or of receiving
money as agent of an obligor for the purpose of paying bills,
invoices or accounts of such obligor or to accept money in payment of
utility bills except as an authorized agent for a utility company
pursuant to the provisions of this division.
"Mobile unit" means a vehicle or other movable means from
which the business of selling checks, drafts, or money orders is