Section 2034.5 - Fingerprints and Background Checks(a) Subject to subsection (b) of this section, all applicants must submit fingerprints through the California Department of Justice's ("Department of Justice") electronic fingerprint submission Live Scan Service ("Live Scan").(b) Applicants must complete the Department of Justice Form "Request for Live Scan Service," and submit fingerprinting, through Live Scan, for each of the following persons, who must be listed in the applicant's Form MU1, and submit a Form MU2: (1) Applicant, if an individual;(2) The President, Chief Executive Officer, Treasurer, and Chief Financial Officer, of the applicant;(3) The directors of the applicant;(4) The managing members of the applicant, if applicant is a limited liability company;(5) The general and managing partners of the applicant, if applicant is a partnership;(6) The trustee of applicant, if applicant is a trust;(7) Individuals owning or controlling, directly or indirectly, ten percent (10%) or more of the applicant; and(8) Individuals responsible for the conduct of the applicant's servicing activities, such as branch managers and persons in charge of the servicing business of the applicant, at any location for which licensure is applied.(c) The applicant must take the form to a Live Scan location to have their fingerprints taken by the operator. The applicant will be required to pay all fingerprint processing fees payable to the Live Scan operator, including the Live Scan operator's "rolling fee," if any, and fees charged by the California Department of Justice, and the Federal Bureau of Investigation. For current information about fingerprint background checks, and Live Scan locations, please visit the Attorney General's website at: https://oag.ca.gov/fingerprints.(d) Individuals residing outside of California that cannot be fingerprinted electronically in California must have their fingerprints taken at a law enforcement agency in their state of residence, using fingerprint cards. These individuals should complete two fingerprint cards. The applicant should retain the second card, to be used if the first card is determined to be unreadable and rejected by the Department of Justice. Applicants must mail one fingerprint card, together with Department of Justice fees (either personal check drawn on a U.S. bank, money order or certified check), payable to the "California Department of Justice," to: CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION
2101 ARENA BLVD.
SACRAMENTO, CA 95834
Applicants will be notified if the first card is rejected. If rejected, applicants must follow the instructions on the rejection letter, and submit the second fingerprint card. The Department of Justice does not charge an additional fee to process the second fingerprint card.
(e) No license will be issued until the Department receives a response from the Department of Justice for all persons required to submit fingerprint information under the SLSA, and the Department determines that the applicant with whom the persons fingerprinted are affiliated merits approval.Cal. Code Regs. Tit. 10, § 2034.5
Note: Authority cited: Section 28106, Financial Code. Reference: Sections 28106, 28110, 28111, 28112 and 28114, Financial Code.
1. New section filed 3-28-2019; operative 3/28/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).
2. Change without regulatory effect amending subsection (e) and Note filed 5-3-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).
3. Repealer of subsection (d), subsection relettering and amendment of newly designated subsection (d) filed 10-4-2023; operative 1/1/2024 (Register 2023, No. 40).