Code Section Group

Business and Professions Code - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11]

  ( Heading of Division 3 added by Stats. 1939, Ch. 30. )

CHAPTER 6. Professional Fiduciaries [6500 - 6592]

  ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. )

ARTICLE 4. Practice Provisions [6560 - 6563]
  ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. )

6560.
  

A licensee shall keep complete and accurate records of client accounts, and shall make those records available for audit by the bureau.

(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)

6561.
  

(a) A licensee shall initially, and annually thereafter, file with the bureau a statement under penalty of perjury containing the following:

(1) Her or his business address, telephone number, and facsimile number.

(2) Whether or not he or she has been removed for cause as a conservator, guardian, trustee, personal representative, agent under a durable power of attorney for health care, or agent under a durable power of attorney for finances. The licensee may file an additional statement of the issues and facts pertaining to the case.

(3) The case names, court locations, and case numbers for all matters where the licensee has been appointed by the court.

(4) Whether he or she has been found by a court to have breached a fiduciary duty.

(5) Whether he or she has resigned or settled a matter in which a complaint has been filed, along with the case number and a statement of the issues and facts pertaining to the allegations.

(6) Any licenses or professional certificates held by the licensee.

(7) Any ownership or beneficial interests in any businesses or other enterprises held by the licensee or by a family member that receives or has received payments from a client of the licensee.

(8) Whether the licensee has filed for bankruptcy or held a controlling financial interest in a business that filed for bankruptcy in the last ten years.

(9) The name of any persons or entities that have an interest in the licensee’s professional fiduciary business.

(10) Whether the licensee has been convicted of a crime.

(b) The statement by the licensee required by this section may be filed electronically with the bureau, in a form approved by the bureau. However, any additional statement filed under paragraph (2) of subdivision (a) shall be filed in writing.

(Amended by Stats. 2018, Ch. 681, Sec. 5. (AB 3144) Effective January 1, 2019.)

6562.
  

The annual statement shall be filed with the bureau 60 days prior to the expiration of the license as provided in subdivision (a) of Section 6541.

(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)

6563.
  

(a) On or before January 1, 2023, a licensee with an internet website shall post on that internet website a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered.

(b) On or after January 1, 2023, a licensee who does not have an internet website shall do all of the following:

(1) Provide a prospective client, before the execution of a contract for services, a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered.

(2) Upon receipt of a request, provide a client with a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered.

(3) If the prospective or current client is a proposed or current conservatee, provide all interested persons, as defined in paragraph (2) of subdivision (b) of Section 1822 of the Probate Code, with a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered.

(Added by Stats. 2021, Ch. 417, Sec. 1. (AB 1194) Effective January 1, 2022.)

BPCBusiness and Professions Code - BPC4.