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Office of Law & Legislation — RuleMaking

EMERGENCY REGULATIONS

Nothing at this time.

 

INVITATION FOR COMMENTS

PRO 31/06 - Finders and Private Placement Broker-Dealers

Invitation for Comments
Rule: 260.204.2
Comments must be received by: 12/28/06
 

PRO 22/01 - Mortgage Program Guidelines for Securities Qualification

Invitation for Comments
NASAA Mortgage Program Guidelines
Rule: 260.140.140.1, 260.140.140.2, 260.140.141.1 through 260.140.148.8
Comments must be received by: 09/22/06
 
WITHDRAWN REGULATIONS

PRO 41/06 - Exemption for Certain Investment Advisers

Notice of Decision Not to Proceed
Rule: 260.204.9
PROPOSED RULES
 

PRO 41/06 - Corporate Securities Law of 1968: Removes the exemption for advisers that are not advisers to venture capital companies, as defined in the rule.

Amends Rule(s) 260.209.4
Comment Period Ends: 03/31/08
 
 

PRO 27/03 - Investment Adviser Omnibus Rulemaking: Custody, Advertising, Cash Solicitation, Soft Dollars, Unethical Practices, Conflicts of Interest, and Books.

Amend 260.231.260.235, 260.237.2, 260.238 & 260.241.3. Repeal 260.231.1. Adopt 260.235.5, 260.238.1, 260.238.2, 260.238.3 & 260.238.4.
End of Comment Period: 02/01/08
APPROVED RULES

PRO 31/04 - Franchise Investment Law: Clarifies the procedure for filing the application for registration.

Amends Rule(s) 310.111
Effective: 04/28/08

PRO 28/01 - Requirements for licensed broker-dealers with respect to the making and maintaining of books and records, requirements or licensed broker-dealers regarding the preservation of records.

Amend Rule(s): 260.241 and 260.241; Repeal Sections 260.218.5 and 260.241.1
Effective: 04/06/08

 

PRO 01/08 - Nonsubstantive Order adopting changes under Section 1950.314.8.  Nontraditional, Adjustable Rate and Mortgage Loan Products.

Amend Rule(s) 1950.314.8
Effective: 03/20/08

 

PRO 01/07 - California Finance Lenders Law and the California Residential Mortgage Lending Act: Nontraditional Mortgage Products

Rule(s): 1436 & 1950.314.8
Effective: 01/01/08

 

PRO 21/05 - CFLL Fingerprint and Criminal History Record Check, Application Form Revisions, and Other Related Matters

Rule(s) 1409, 1422, and 1423
Effective date: 12/07/07

 

PRO 27/06 - Corporate Securities Law of 1968: Compensatory Benefit Plan Rules

Rule(s): 260.140.8, 260.140.41, 260.140.42, 260.140.45 and 260.140.46
Effective Date: 07/09/07

PRO 25/04 - AB 3070 (2004) - Mandatory IARD

Rule: 260.230, 260.231, 260.236.1, 260.241.4, 260.242, repeal 260.231.2, 260.236.2
Effective Date: 04/05/07
 

PRO 24/04 - Franchise Investment Law: Implementations of AB 2921 Provisions.

Rule: 310.100.4, 310.101 and 310.114.4
Effective Date: 03/02/06

 

PRO 23/04 - California Deferred Deposit Transaction Law: Books and Records

Rule: 2025, 2026, 2027, 2028, 2029 and 2040
Effective Date: 01/25/06
 

PRO 07/05 - Attorney General's (AG's) Electronic Fingerprint Transmission Requirement

Rule: 260.210, 260.211, 1726, 1950.122, 2020
Effective Date: 12/23/05
 

PRO 36/01 - Corporate Securities Law of 1968: Relating to entity conversion transactions

Rule: 260.121
Effective Date: 10/28/05
 

PRO 19/04 - Corporate Securities Law of 1968: On-line filing of the Notice under Section 25102(f).

Rule: 260.102.14
Effective Date: 07/22/05
 

PRO 25/01 - Corporate Securites Law of 1968: Offerings of debt Securities by churches

Rule: 260.140.72, 260.140.72.1, and 260.140.72.5
d
Effective Date: 05/01/05
 

PRO 31/02 - California Finance Lenders Law: Guarantee Loan Rules Live Checks)

Rule: 1556
Effective Date: 04/24/05
 

PRO 26/03 - Corporate Securities Law of 1968: Consent to Service of Process Form.

Rule: 260.165
Effective Date: 03/11/05
 

PRO 37/03 - Corporate Securities Law of 1968: Time Period for Filing 25102(f) Notice.

Rule: 260.102.14
Effective Date: 10/27/04
 

PRO 29/02 - California Deferred Deposit Transaction Law: Short and Long form applications for licensure

Rule: 250.51, 2020, and 2021
Effective Date: 4/20/04
 

PRO 17/01 - Corporate Securites Law of 1968: Electronic filing of notices under the "limited offering exemption" of Corporations Code Section 25102(f)

Rule: 260.102.14
Effective Date: 04/13/04
 

PRO 21/02 - Corporate Securites Law of 1968: Relating to administrative penalties criteria

Rule: 250.70
Effective Date: 10/11/03
 

OP 22/99 - Escrow Law: Relates primarily to escrow transactions over the Internet by Internet escrow agents

Rule: 1710, 1717.2, 1726, 1730, 1732.2, 1737, 1737.1 (renumbered as 1737.3), 1738, 1738.1, 1738.2, 1738.5, 1740.1 1740.4, 1741.1 and 1741.3 and adopt Sections 1709.1, 1717.2, 1730.1, 1737.2 and 1738.6
Effective Date: 07/21/03
 

PRO 09/02 - Franchise Investment Law: Relating to the offering circular and exemption for advertisements posted on the Internet from filing, if certain conditions are met.

Rule: 310.114.1, 310.156.3
Effective Date: 07/10/03
 

OP 05/01 - Corporate Securities Law: Broker-Dealer applications, amendments, notices and fees to be filed with the Department of Corporations.

Rule: 260.211, 260.211.1
Effective Date: 04/26/03
 

OP 19/00 - Corporate Securities Law: Investment adviser and investment adviser representative applications, amendments, reports, notices, and fees required to be filed with the Commissioner.

Rule: 260.230, 260.230.1, 260.231, 260.231.2, 260.231.3, 260.236, 260.236.1, 260.236.2, 260.237.1, 260.240, 260.241.2, 260.241.3, 260.241.4 and 260.242
Effective Date: 04/03/03
 

>OP 10/01 - California Finance Lenders Law: Implement short and long form applications for licensure.

Rule: 1422 and1423
Effective Date: 12/16/02
 

OP 13/00 - Nonsubstantive, clean-up amendments to Title 10, Chapter 3, of the California Code of Regulations.

Rule: 250.9.1(a), 250.12(a), 250.51, 250.60(a), 260.001, 260.100.1, 260.100.3, 260.102.4(b), 260.102.8(b), 260.102.16, 260.103, 260.105.8, 260.105.28, 260.105.33, 260.111, 260.112, 260.113, 260.121, 260.131, 260.140.71.2, 260.140.87(e), 260.140.110.2, 260.140.113.3(b), 260.140.114.1(c) & (d), 260.140.114.2 (e), 260.140.116.7, 260.140.116.8(a), 260.140.118.4(c), 260.140.128.8(a), 260.146, 260.151(a), 260.151(b), 260.217(c), 260.231(b), 260.231(b), 260.242, 260.507, 260.608, 280.150, 1718(a)(1), 1805.204, 1805.204.1

Effective Date: 10/25/02
 

PRO 12/01 - Escrow Law & California Residential Mortgage Lending Act: Establishment of factors to determine frequency of routine regulatory examinations of escrow agent licensees and California Residential Mortgage Lending Act licensees, and additional information required to be included in independent annual audit reports of escrow agents.

Rule: 1741.5, 1729, and 1950.302
Effective Date: 08/20/02
 

OP 04/01 - Franchise Investment Law: Exemption from registration for offers or sales to persons who are not residents of California, if certain conditions are met.

Rule: 310.100.1
Effective Date: 09/04/02
 

OP 07/99 - Corporate Securities Law: Exemption from licensure for certain investment advisers with fewer than 15 clients.

Rule: 260.204.9
Effective Date: 03/27/02
 

OP 16/00 - Corporate Securities Law: Exemption from qualification for certain securities offerings through option plans and purchase plans.

Rule: 260.102.19, 260.140.41, 260.140.42, 260.140.45, and 260.140.46
Effective Date: 03/09/02
 

OP 02/01 - Escrow Law: Recognizes Internet "click through" fees under specified circumstances and limited to Internet transactions involving personal property.

Rule: 1712
Effective Date: 08/04/01
 

OP 03/01 - Corporate Securities Law: Adding regulation Rule 260.402 relating to the to the purchase or sale of securities by an "insider".

Rule: 260.402
Effective Date: 07/30/01
 

OP 20/00 - Franchise Investment Law: Increase of the franchise fee allowed to $500 from $100 under the de minimis exemption from registration.

Rule: 310.011
Effective Date: 07/04/01

 

OP 21/96 - Corporate Securities Law: Exemption from (1) certain Canadian tax-deferred retirement savings accounts, certain Canadian broker-dealers and agents; and (2) specialists, market makers or floor broker-dealers who are members of the Pacific Stock Exchange.

Rule: 260.105.40, 260.204.10,  and 260.204.11
Effective Date: 06/23/01
 

OP 11/00 - Corporate Securities Law: Exemption from Investment Adviser Licensure for Capital Access Company Fund Managers.

Rule: 260.204.12
Effective Date: 05/02/01
 

OP 15/99 - Franchise Investment Law: Exemption for the offer and sale of a franchise over the Internet.

Rule: 310.100.3
Effective Date: 01/25/01
 

OP 10/98 - Corporate Securities Law: Temporary transfer of agents of broker-dealers, changes to the broker-dealer application, performance based compensation and books and records requirements.

Rule: 260.210, 260.211, 260,211.1, 260.234 and 260.241
Effective Date: 01/23/01
 

OP 20/99> - Escrow Law: Forms and amount of fidelity bond under the escrow law.

Rule: 1722 and 1723
Effective Date: 01/10/01
 

OP 18/99 - Franchise Investment Law: Exemption for new product or service.

Rule: 310.101
Effective Date: 11/11/00
 

OP 09/99 - Corporate Securities Law: Qualification requirements for investment adviser.

Rule: 260.236
Effective Date: 06/06/00
 

OP 01/99 - Check Sellers, Bill Payers, and Proraters Law: Review of regulations; nonsubstantive changes.

Rule: 1781, 1790.1and 1772.1
Effective Date: 03/29/00
 
OP 16/98 - Corporate Securities Law: Foreign equity securities.

Rule: 260.105.11
Effective Date: 05/26/00