Cal. Fin. Code § 22354
22354
Effective Jan 1, 2011Added by Stats. 2010, Ch. 640, Sec. 3. Effective January 1, 2011. Repealed as of January 1, 2015, pursuant to Section 22362.
(a) A finder may perform one or more of the following services for a licensee at the finder’s physical location for business:
- (1) Distributing, circulating, using, or publishing preprinted brochures, flyers, factsheets, or other written materials relating to loans that the licensee may make or negotiate and that have been reviewed and approved in writing by the licensee prior to their being distributed, circulated, or published.
- (2) Providing written factual information about loan terms, conditions, or qualification requirements to a prospective borrower that has been either prepared by the licensee or reviewed and approved in writing by the licensee. A finder may discuss that information with a prospective borrower in general terms, but may not provide counseling or advice to a prospective borrower.
- (3) Notifying a prospective borrower of the information needed in order to complete a loan application without providing counseling or advice to a prospective borrower.
- (4) Entering information provided by the prospective borrower on a preprinted or electronic application form or onto a preformatted computer database without providing counseling or advice to a prospective borrower.
- (5) Assembling credit applications and other materials obtained in the course of a credit application transaction for submission to the licensee.
- (6) Contacting the licensee to determine the status of a loan application.
- (7) Communicating a response that is returned by the licensee’s automated underwriting system to a borrower or a prospective borrower.
- (8) Obtaining a borrower’s signature on documents prepared by the licensee and delivering final copies of the documents to the borrower.
(b) A finder shall not engage in any of the following activities:
- (1) Providing counseling or advice to a borrower or prospective borrower.
- (2) Providing loan-related marketing material that has not previously been approved by the licensee to a borrower or a prospective borrower.
- (3) Interpreting or explaining the relevance, significance, or effect of any of the marketing materials or loan documents the finder provides to a borrower or prospective borrower.
(c) Any person who performs one or more of the following activities is a broker within the meaning of Section 22004 rather than a finder within the meaning of this section:
- (1) Negotiating the price, length, or any other loan term between a licensee and a prospective borrower.
- (2) Advising either a prospective borrower or a licensee as to any loan term.
- (3) Offering information pertaining to a single prospective borrower to more than one licensee, except that, if a licensee has declined to offer a loan to a prospective borrower and has so notified that prospective borrower in writing, the person may then offer information pertaining to a single prospective borrower to another licensee with which it has a finder’s agreement.
- (4) Personally contacting or providing services to a borrower or prospective borrower at any place other than the finder’s physical location for business.
- (d) A finder shall comply with all laws applicable to the licensee that impose requirements upon the licensee for safeguards for information security.