Section 17209 Of Chapter 2. License And Bond From California Financial Code >> Division 6. >> Chapter 2.
17209
. An application for a license as an escrow agent shall be
signed and verified by an authorized officer of the applicant, and
such application shall be accompanied by a certified copy of the
articles of incorporation and a copy of the bylaws of the proposed
licensee. The application shall set forth:
(a) The names and addresses of the incorporators, directors, and
officers.
(b) An itemized statement of the estimated receipts and
expenditures of the proposed first year of operations.
(c) An audited financial statement showing compliance with Section
17210.
(d) The name and address of the person, or persons, meeting the
requirements of Section 17200.8, and a statement supporting such
persons' qualifications.
(e) The type of business for which the license is requested.
(f) Any other matters the commissioner may require.
(g) An application for a license as an escrow agent filed with the
commissioner shall also include a completed statement of identity
and questionnaire, as prescribed by the commissioner, for all
stockholders, directors, officers, trustees, managers, and other
persons participating in the escrow business directly or indirectly
compensated by the escrow agent (other than usual and customary
employees who file pursuant to subdivision (d) of Section 17414.1 and
Section 17419) and shall also include fingerprints and related
information for those persons pursuant to subdivision (h). The
commissioner shall notify the applicant in writing if any of the
information received pursuant to this division shows that a person's
employment, participation, or ownership interest would be in
violation of Section 17414.1, and the escrow agent shall deny the
person the employment or interest. If the application is not
satisfactorily amended to remove the deficiency within six months of
the first notice of deficiency, the application shall be summarily
denied. Persons required to file the employment application pursuant
to Section 17419 are not required to file the statement of identity
and questionnaire described in this section.
(h) (1) The fingerprint images and related information shall be
submitted by the commissioner to the Department of Justice, in a
manner established by the Department of Justice, for the purposes of
obtaining information as to the existence and content of a record of
state or federal convictions, state or federal arrests, and
information as to the existence of and content of a record of state
or federal arrests for which the Department of Justice establishes
that the person is free on bail or on his or her own recognizance
pending trial or appeal.
(2) Upon receipt, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received from the commissioner pursuant to this
section. The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the commissioner pursuant to subdivision
(p) of Section 11105 of the Penal Code.
(3) The commissioner shall request from the Department of Justice
subsequent arrest notification service as provided pursuant to
Section 11105.2 of the Penal Code.
(4) The Department of Justice shall charge a fee sufficient to
cover the costs of processing the requests pursuant to this
subdivision.