Statutes, codes, and regulations
California Code Of Regulations
Title 10 - InvestmentChapter 3 - Commissioner of Financial Protection and InnovationSubchapter 2 - Corporate Securities
Article 8 - Licensing of Broker-Dealers and Agents
Section 260.211.1 - Application for License by Notification

Cal. Code Regs. tit. 10 § 260.211.1

Download
PDF
Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 260.211.1 - Application for License by Notification
(a) An application for licensing by notification pursuant to Section 25211(b) of the Code shall be in the following form and contain the information therein specified:

Mail to:Fee: $300
State of CaliforniaFile No.
Department of Business OversightDate of Application
1515 K Street, Suite 200
Sacramento, CA 95814-4052

DEPARTMENT OF BUSINESS OVERSIGHT STATE OF CALIFORNIA APPLICATION BY NOTIFICATION PURSUANT TO CORPORATIONS CODE SEC. 25211(b) FOR BROKER-DEALER CERTIFICATE

(Only for Use in Connection with Applications and Amendments to Applications for Broker-Dealer Certificate Pursuant to Section 25211(b), Corporations Code (Application by Notification), and Section 260.241.4, Title 10, California Code of Regulations.)

1. Date of Notice_____________________________________________
2. [] Original Notice [] Amended Notice
3. Name of Broker-DealerAddress of Principal Office
______________________________________________________________
4. Name and address of officer or partner of the broker-dealer who is to receive compliance and information communications from the Department and who is responsible for disseminating the same within the broker-dealer's organization.

Name______________________________________________________Title
Address______________________________________________________Telephone ()
___________________________
(See Corporations Code Section 25245)

5. The following representations are made to the Commissioner of Business Oversight by the broker-dealer.
a. The broker-dealer has a currently effective registration as a broker-dealer under the Securities Exchange Act of 1934 (15 USC 78a et seq.).
b. The broker-dealer is a member in good standing of the self-regulatory organizations checked:

[] NYSE[] NYSE AMEX[] NYSE Arca[] FINRA

c. Check the applicable box:

[] (1) The broker-dealer has never had a certificate as a broker-dealer, investment adviser or agent revoked, or an application for such a certificate denied, under the Corporate Securities Law of 1968 or any predecessor statute.

[] (2) The Commissioner has by order waived the denial or revocation of a certificate as a broker-dealer, investment adviser or agent heretofore issued to the broker-dealer.

6. Exhibits. Attach the following exhibits:
a. A completed Customer Authorization of Disclosure of Financial Records (Form QR 500.261) in subdivision (i) of Section 260.231.
b. A completed Form BD (Uniform Application for Broker-Dealer Registration, 17 C.F.R. § 249.501) and the schedules thereto.

NOTE: Social Security Numbers: In accordance with Section 7 of the Privacy Act of 1974 (PL. 93-579), the following information is provided in connection with the disclosure of social security account numbers in Form BD (Uniform Application for Broker-Dealer Registration, 17 C.F.R. § 249.501) and the Schedules thereto.

Disclosure of a social security account number shall be considered a voluntary disclosure, except as provided below. A social security account number or federal taxpayer identification number under Business and Professions Code Section 494.5 is solicited pursuant to one or more of the following authorities:

Section 25211, Corporations Code.

Section 260.211, Title 10, California Code of Regulations.

Section 17520, Family Code.

Section 494.5, Business and Professions Code.

Uses to be made of social security account numbers and federal taxpayer identification numbers, solicited by Form BD and the Schedules thereto are:

A. For all persons disclosing social security account numbers, the number may be used, in addition to other information provided, to conduct a background investigation of the individual by the Department of Justice's Identification and Information Branch or by other federal, state or local law enforcement agencies. The social security number may also be used to respond to requests for this information made by child support agencies.

Under Business and Professions Code Section 494.5, the social security number or federal taxpayer identification number is used to match the information to the names on the lists of tax delinquencies provided by the State Board of Equalization and the Franchise Tax Board.

B. The completed form, except any disclosed social security account numbers and federal taxpayer identification numbers, shall become a public record and available to members of the public pursuant to the provisions of the Public Records Act (Government Code Sections 6250, et seq.).

The State Board of Equalization and the Franchise Tax Board are authorized to share taxpayer information with the Department of Business Oversight, and in the event the state tax obligation is not paid by a certificate holder after a certificate is issued, the Department of Business Oversight may be required to suspend the certificate (Business and Professions Code Sections 31 and 494.5).

7. Applicant's Minimum Net Capital Requirement: $__________
8. Applicant's Fiscal Year Ends: ___/___ (Month/Day)
9. Execution:

__________________________________________________

By________________________________________________

__________________________________________________

(Title)

Cal. Code Regs. Tit. 10, § 260.211.1

1. Amendment filed 4-27-84; effective thirtieth day thereafter (Register 84, No. 18). For prior history, see Register 84, No. 2.
2. Editorial correction repealing 4-27-84 order and readopting 1-3-84 text filed 5-7-84 (Register 84, No. 18).
3. Certificate of Compliance as to 1-3-84 order transmitted to OAL 4-27-84 and filed 5-29-84 (Register 84, No. 22).
4. Amendment filed 12-19-85 as an emergency; designated effective 1-1-86 (Register 85, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-1-86.
5. Certificate of Compliance transmitted to OAL 4-10-86 and filed 5-8-86 (Register 86, No. 19).
6. Change without regulatory effect filed 3-2-89 (Register 89, No. 11).
7. Change without regulatory effect amending form subsection 6 b filed 11-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 47).
8. Change without regulatory effect amending subsection (b) filed 2-16-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 7).
9. Amendment of section and NOTE filed 1-23-2001; operative 1-23-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
10. Amendment of section and NOTE filed 3-27-2003; operative 4-26-2003 (Register 2003, No. 13).
11. Amendment of form section 5.b. filed 11-10-2009; operative 12-10-2009 (Register 2009, No. 46).
12. Amendment of section and NOTE filed 1-7-2014; operative 1-7-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 2).
13. Editorial correction implementing 1-7-2014 amendment of form (Register 2020, No. 35).
14. Editorial correction removing extraneous history 12 and renumbering histories (Register 2022, No. 19).

Note: Authority cited: Sections 25211(b) and 25610, Corporations Code. Reference: Sections 31 and 494.5, Business and Professions Code; Section 1798.17, Civil Code; and Sections 25210, 25211, 25216, 25241 and 25608, Corporations Code.

1. Amendment filed 4-27-84; effective thirtieth day thereafter (Register 84, No. 18). For prior history, see Register 84, No. 2.
2. Editorial correction repealing 4-27-84 order and readopting 1-3-84 text filed 5-7-84 (Register 84, No. 18).
3. Certificate of Compliance as to 1-3-84 order transmitted to OAL 4-27-84 and filed 5-29-84 (Register 84, No. 22).
4. Amendment filed 12-19-85 as an emergency; designated effective 1-1-86 (Register 85, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-1-86.
5. Certificate of Compliance transmitted to OAL 4-10-86 and filed 5-8-86 (Register 86, No. 19).
6. Change without regulatory effect filed 3-2-89 (Register 89, No. 11).
7. Change without regulatory effect amending form subsection 6b filed 11-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 47).
8. Change without regulatory effect amending subsection (b) filed 2-16-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 7).
9. Amendment of section and Note filed 1-23-2001; operative 1-23-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
10. Amendment of section and Note filed 3-27-2003; operative 4-26-2003 (Register 2003, No. 13).
11. Amendment of form section 5.b. filed 11-10-2009; operative 12-10-2009 (Register 2009, No. 46).
2. Amendment filed 11-29-79 as an emergency; designated effective 1-1-80. Certificate of Compliance included (Register 79, No. 48).
12. Amendment of section and Note filed 1-7-2014; operative 1-7-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 2).