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