2009 California Financial Code - Section 33900-33903 :: Chapter 7. Records, Reports, And Examinations

FINANCIAL CODE
SECTION 33900-33903

33900.  (a) Each licensee shall make, keep, and preserve within the
United States such books, accounts, and other records in such form,
in such manner, and for such time as the commissioner may by
regulation or order specify.
   (b) Each California agent of a licensee shall, and each licensee
shall use its best efforts to require each of its California agents
to, make and keep such records regarding sales by such agent of
payment instruments issued by such licensee and related matters as
may be necessary to show at any time the following:
   (1) Face amount, serial number, and date of sale of each payment
instrument sold, the sale of which the agent has not yet reported to
the licensee under Article 3 (commencing with Section 33730) of
Chapter 6;
   (2) Serial number and date of voiding of each payment instrument
voided, the voiding of which the agent has not yet reported to the
licensee under Article 3 (commencing with Section 33730) of Chapter
6;
   (3) In case the agent is authorized to redeem payment instruments
on behalf of the licensee, face amount, serial number, and date of
redemption of each payment instrument redeemed, the redemption of
which the agent has not yet reported to the licensee under Article 3
(commencing with Section 33730) of Chapter 6;
   (4) Total face amount and serial numbers of payment instruments
sold, the sale of which the agent reported in its last report to the
licensee under Article 3 (commencing with Section 33730) of Chapter
6;
   (5) Total face amount and serial numbers of payment instruments
sold, on account of which the agent has not yet remitted funds to the
licensee under Article 4 (commencing with Section 33740) of Chapter
6; and
   (6) Date on which the agent last remitted funds to the licensee
under Article 4 (commencing with Section 33740) of Chapter 6 on
account of payment instruments sold, total amount of such funds, and
serial numbers of such payment instruments.

33901.  Each licensee shall, not more than 90 days after the close
of each of its fiscal years or within such longer period as the
commissioner may by regulation or order specify, file with the
commissioner a report containing:
   (a) Financial statements, including balance sheet, statement of
income or loss, statement of changes in shareholder's equity, and
statement of cash flows, for or as of the end of such fiscal year,
prepared with audit by an independent certified public accountant or
an independent public accountant in accordance with generally
accepted accounting principles.
   (b) Report, certificate, or opinion of such independent certified
public accountant or independent public accountant, stating that such
financial statements were prepared in accordance with generally
accepted accounting principles.
   (c) Such other information as the commissioner may by regulation
or order require.

33902.  (a) Each licensee shall file with the commissioner such
reports as and when the commissioner may by regulation or order
require.
   (b) In case the commissioner has initiated proceedings to issue,
or has issued, an order imposing conditions upon the surrender of the
license of a licensee under Section 34001, an order suspending or
revoking the license of a licensee under Section 34109 or 34110, or
an order taking possession of the property and business of a licensee
under Section 34113, each California agent of such licensee shall,
and the licensee shall use its best efforts to require each of its
California agents to, file with the commissioner such reports
regarding sales by such agent of payment instruments issued by the
licensee and related matters, as and when the commissioner may by
regulation or order require.
   (c) (1) Whenever the commissioner suspects that a licensee has
violated, or is about to violate, any provision of this division or
of any regulation or order issued under this division, the
commissioner may by order require any director, officer, or employee
of such licensee to file with the commissioner at the time specified
in such order a report regarding such suspected violation and any
related matters.
   (2) Each director, officer, and employee of a licensee to whom an
order is issued under paragraph (1) of this subdivision shall, and
such licensee shall use its best efforts to require each such
director, officer, and employee to, comply with such order.

33903.  (a) The commissioner may at any time examine any licensee
and any office of the licensee within or outside of this state.
   (b) In case the commissioner has initiated proceedings to issue,
or has issued, an order imposing conditions upon the surrender of the
license of a licensee under Section 34001, an order suspending or
revoking the license of a licensee under Section 34109 or 34110, or
an order taking possession of the property and business of a licensee
under Section 34113, the commissioner may examine any California
agent of the licensee with respect to sales by the agent of payment
instruments issued by the licensee and related matters.
   (c) Any licensee or California agent of a licensee being examined
by the commissioner shall, and each licensee shall use its best
efforts to require each of its California agents being examined by
the commissioner to, exhibit to the commissioner and permit the
commissioner to copy, on request, any or all of the books, accounts,
and other records of the licensee or the California agent, as the
case may be, that may relate to the examination, and otherwise
facilitate the examination so far as it may be in its power to do so.
   (d) The commissioner may, if in the commissioner's opinion it is
necessary in the examination of any licensee or of any California
agent of a licensee, retain any certified public accountant,
attorney, appraiser, or other person to assist the commissioner, and
the licensee shall pay, within 10 days after receipt of a statement
from the commissioner, the fees of that person.


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