Section 17331 Of Article 4. General Provisions From California Financial Code >> Division 6. >> Chapter 2.5. >> Article 4.
17331
. (a) An applicant applying for licensure as an escrow agent
under this division is required to apply for a Fidelity Corporation
Certificate, prepared and issued by Fidelity Corporation, for each
proposed shareholder, officer, director, trustee, manager, or
employee who is to be directly or indirectly compensated by the
escrow agent, prior to licensure of the escrow agent by the
commissioner.
(b) A shareholder, officer, director, trustee, manager, or
employee of an escrow agent, directly or indirectly compensated by an
escrow agent within this state, is required to complete and execute
a Fidelity Corporation Certificate application, prepared and issued
by Fidelity Corporation, as a condition of his or her employment or
entitlement to compensation, before the person may continue the
regular discharge of his or her duties, or have access to moneys or
negotiable securities belonging to or in the possession of the escrow
agent, or draw checks upon the escrow agent or the trust funds of
the escrow agent.
(c) Fidelity Corporation Certificates may also be known as Escrow
Agent's Fidelity Corporation Certificates or EAFC Certificates. The
certificate at all times remains the property of Fidelity
Corporation, and is not transferable by either a member or employee.
The certificate is not a warranty or guarantee by Fidelity
Corporation of the integrity, veracity, or competence of the person.
(d) An application for a Fidelity Corporation Certificate shall be
in writing and in the form prescribed by Fidelity Corporation. The
application may include (1) a fee not to exceed fifty dollars ($50),
(2) two passport-size photographs, and (3) a set of fingerprint
images and related information using the process established by the
Department of Justice for requesting state summary criminal history
information, plus the fee charged by the Department of Justice for
processing noncriminal applicant fingerprint images and related
information, in a manner established by the Department of Justice
pursuant to subdivision (l). The Department of Justice shall honor
the Fidelity Corporation report request form and issue a report to
Fidelity Corporation, notwithstanding any other provision of law or
regulation to the contrary. Fidelity Corporation is also entitled to
submit a set of fingerprint images and related information in the
Department of Justice specified noncriminal applicant fingerprint
format for the purpose of requesting and obtaining a report from the
Department of Justice, for the officers and employees of Fidelity
Corporation. A member shall cause the filing of applications for all
existing employees as required by this section within 30 days of
written notice by Fidelity Corporation to the member.
(e) The application form shall include a provision for binding
arbitration to allow for arbitration of any appeal or dispute as to a
decision by Fidelity Corporation concerning the certificate, as
follows: