Code Section Group

Financial Code - FIN

DIVISION 10. CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW [23000 - 23106]

  ( Division 10 added by Stats. 2002, Ch. 777, Sec. 10. )

CHAPTER 1. General Provisions [23000 - 23027]

  ( Chapter 1 added by Stats. 2002, Ch. 777, Sec. 10. )

ARTICLE 1. Construction and Definitions [23000 - 23001]
  ( Article 1 added by Stats. 2002, Ch. 777, Sec. 10. )

23000.
  

This division shall be known and may be cited as the “California Deferred Deposit Transaction Law.”

(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

23001.
  

As used in this division, the following terms have the following meanings:

(a) “Deferred deposit transaction” means a transaction whereby a person defers depositing a customer’s personal check until a specific date, pursuant to a written agreement for a fee or other charge, as provided in Section 23035.

(b) “Commissioner” means the Commissioner of Business Oversight.

(c) “Department” means the Department of Business Oversight.

(d) “Licensee” means any person who offers, originates, or makes a deferred deposit transaction, who arranges a deferred deposit transaction for a deferred deposit originator, who acts as an agent for a deferred deposit originator, or who assists a deferred deposit originator in the origination of a deferred deposit transaction. However, “licensee” does not include a state or federally chartered bank, thrift, savings association, industrial loan company, or credit union. “Licensee” also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a minimum fee not exceeding two dollars ($2) as a service to its customers that is incidental to its main purpose or business. “Licensee” also does not include an employee regularly employed by a licensee at the licensee’s place of business. An employee, when acting under the scope of the employee’s employment, shall be exempt from any other law from which the employee’s employer is exempt.

(e) “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, an unincorporated organization, a government entity, or a political subdivision of a government entity.

(f) “Deferred deposit originator” means a person who offers, originates, or makes a deferred deposit transaction.

(Amended by Stats. 2014, Ch. 401, Sec. 34. Effective January 1, 2015.)

FINFinancial Code - FIN1.