 |
California Law (Last Updated: March 4, 2014) |
 |
Financial Code - FIN |
|
Division 1. FINANCIAL INSTITUTIONS |
|
Chapter 3. Department of Business Oversight |
|
ARTICLE 4. Administration of the Department |
Section 379.
-
(a) For the purposes of this section the following definitions shall apply:
(1) "Control" has the meaning set forth in subdivision (b) of Section 1250. "Control" also means the ownership of a subject person by means of sole proprietorship, partnership, or by any other similar means.
(2) "Controlling person" means a person who, directly or indirectly, controls a subject person.
(3) "Subject person" means any of the following:
(A) A commercial bank, industrial bank, trust company, savings association, or credit union incorporated under the laws of this state.
(B) A person licensed by the commissioner under Chapter 1 (commencing with Section 2000) of Division 1.2 to receive money for transmission to foreign countries.
(C) A person authorized by the commissioner pursuant to Section 2004 to act as an agent of a person licensed by the commissioner to receive money for transmission to foreign countries.
(D) A person licensed by the commissioner pursuant to Division 7 (commencing with Section 18000) to transact business as a premium finance agency.
(E) A person licensed by the commissioner pursuant to Division 15 (commencing with Section 31000) to transact business as a business and industrial development corporation.
(F) A person licensed by the commissioner pursuant to Division 16 (commencing with Section 33000) to engage in the business of selling payment instruments in this state issued by the licensee.
(G) A corporation incorporated under the laws of this state for the purpose of engaging in, or that is authorized by the commissioner to engage in, business pursuant to Article 1 (commencing with Section 1850) of Chapter 21 of Division 1.1.
(H) A foreign corporation that is licensed by the commissioner pursuant to Article 1 (commencing with Section 1850) of Chapter 21 of Division 1.1 to maintain an office in this state and to transact at that office business pursuant to Article 1 (commencing with Section 1850) of Chapter 21 of Division 1.1.
(b) Notwithstanding any other provision of law, and subject to subdivision (c), the commissioner may deliver, or cause to be delivered, to local, state, or federal law enforcement agencies fingerprints taken of any of the following:
(1) An applicant for employment with the department.
(2) A person licensed, or proposed to be licensed, as a subject person.
(3) A director, officer, or employee of an existing or proposed subject person.
(4) An existing or proposed controlling person of a subject person.
(5) A director, officer, or employee of an existing or proposed controlling person of a subject person.
(6) A director, officer, or employee of an existing or proposed affiliate of a subject person.
(c) The authorization in subdivision (b) may only be used by the department for the purpose of obtaining information regarding an individual as to the existence and nature of the criminal record, if any, of that individual relating to convictions, and to any arrest for which the individual is released on bail or on his or her own recognizance pending trial, for the commission or attempted commission of a crime involving robbery, burglary, theft, embezzlement, fraud, forgery, bookmaking, receiving stolen property, counterfeiting, or involving checks or credit cards or using computers.
(d) No request shall be submitted pursuant to this section without the written consent of the person affected.
(e) Any criminal history information obtained pursuant to this section shall be confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.