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HomeFinancial CodeDiv. 3Ch. 3§ 12221 License Denial Grounds

§ 12221 License Denial Grounds

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12221 License Denial Grounds

This law lets the commissioner turn down a license application if the applicant or its leaders have lied, have a bad criminal record, break rules, lack experience, have a weak business plan, or aren’t set up properly.

Key Takeaways

  • •The commissioner can deny a license if any false, important fact was given in the application.
  • •If any officer, director, or member was convicted of a crime or did something dishonest in the past 10 years, the license can be denied.
  • •If anyone who owns 10% or more of the company broke any similar rules, the license can be denied.
  • •Failure to follow any rule in this division is a reason for denial.
  • •Proposed officers and directors must have enough experience with check selling, bill paying, or similar tasks.
  • •The business plan must show a realistic chance of success.
  • •The company must be formed for a legitimate purpose, not just to get around the rules.
  • •The company’s capital (money) must be enough to run the business.

Example

A new financial services company applies for a license, but one of its directors was convicted of fraud three years ago.

Because a director has a recent fraud conviction, the commissioner can refuse the license under this law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12221 License Denial Grounds

Upon reasonable notice and opportunity to be heard, the commissioner may deny the application for the license for any of the following reasons: (a) A false statement of a material fact has been made in the application for license. (b) Any officer, director, or member of the applicant has, within the last 10 years, been (1) convicted of or pleaded nolo contendere to a crime, or (2) committed any act involving dishonesty, fraud, or deceit, which crime or act is substantially related to the qualifications, functions, or duties of a person engaged in business in accordance with the provisions of this division. (c) The applicant, any officer, director, general partner, or member of the applicant, or any person owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant has violated any provision of this division or the rules thereunder or any similar regulatory scheme of the State of California or a foreign jurisdiction. (d) The applicant has not complied with all the applicable provisions of this division. (e) The proposed officers and directors do not have sufficient check selling, bill paying, prorating, or other experience to afford reasonable promise of successful operation. (f) The plan of business does not demonstrate that the proposed business will have a reasonable chance for a successful operation. (g) The proposed business is being formed for a purpose other than the legitimate objectives contemplated by this division. (h) The proposed capital structure is inadequate. (Amended by Stats. 2003, Ch. 473, Sec. 15. Effective January 1, 2004.)

Last verified: January 10, 2026

Key Terms

compliancecommissioncrimefraudportsecuritieslicensedirector

Related Statutes

  • § 23011 License Application Denial
  • § 28120 License Denial Grounds
  • § 31152.5 Fraud Convictions Affecting Licensing
  • § 18117 Industrial Loan Company Denial
  • § 50126 Application Denial Grounds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 12221.
View Official Source