Section 50200 Of Chapter 4. Financial Condition, Transaction And Bond Requirements From California Financial Code >> Division 20. >> Chapter 4.
50200
. (a) At the end of the licensee's fiscal year, but in no case
more than 12 months after the last audit conducted pursuant to this
section, each licensed residential mortgage lender or servicer shall
cause its books and accounts to be audited by an independent
certified public accountant. Beginning with all audits of business
conducted after December 31, 1995, the audit shall be sufficiently
comprehensive in scope to permit the expression of an opinion on the
financial statements prepared in accordance with generally accepted
accounting principles and shall be performed in accordance with
generally accepted auditing standards. The audit shall include a
reconciliation of the licensee's trust accounts as of the audit date.
(b) "Expression of an opinion" includes (1) an unqualified
opinion, (2) a qualified opinion, (3) a disclaimer of opinion, or (4)
an adverse opinion. If a financial statement, report, certificate,
or opinion of the independent certified public accountant is in any
way qualified, the commissioner may require the licensee to take any
action that the commissioner deems appropriate to address the
qualification. The commissioner may reject any financial statement,
report, certificate, or opinion by notifying the licensee or other
person required to make the filing of the rejection and the reason
therefor. Within 30 days after the receipt of the notice, the
licensee or other person shall correct the deficiencies. Failure to
correct the deficiencies is a violation of this division. The
commissioner shall retain a copy of all financial statements,
reports, certificates, or opinions so rejected.
(c) If a qualified or adverse opinion is expressed or if an
opinion is disclaimed, the reasons therefor must be fully explained.
(d) The audit report shall be filed with the commissioner within
105 days of the end of the licensee's fiscal year. The report filed
with the commissioner shall be certified by the certified public
accountant conducting the audit. The commissioner may promulgate
rules regarding late audit reports.
(e) If a licensee required to make an audit fails to cause an
audit to be made, the commissioner may cause the audit to be made by
an independent certified public accountant at the licensee's expense.
The commissioner shall select the independent certified public
accountant by advertising for bids or by other fair and impartial
means that the commissioner establishes by rule. The commissioner may
summarily revoke the license of a licensee who fails to file a
certified financial statement prepared by an independent certified
public accountant as required by this division or at the request of
the commissioner.
(f) Audits conducted in accordance with the uniform single audit
procedures of the United States Department of Housing and Urban
Development may be submitted in fulfillment of the requirements of
this section.