Notice to Individual – Use of Information

The Commissioner of Business Oversight (the “Commissioner”) is authorized by the Financial Code to gather and maintain the information requested in the form you have accessed. If the form is submitted in connection with any application or other matter before the Commissioner, the requested information is deemed necessary to process that application or other matter pursuant to the Financial Code. If the requested information is not accurately and completely provided, the application may be denied, or the other matter may be resolved against your interests.

If the form requests you to provide your social security account number, please be advised that providing your social security account number is voluntary. Your social security account number will be used as an identifier, and may be used to verify information provided to the Department of Business Oversight (the “Department”). Failure to provide your social security number may require the Department to use other methods to verify information, which may cause delays in processing this information and any related application or other matter. If the information you have provided to the Department cannot be verified, the Department may reject your filing and deny any related application or cause any other matter to be resolved against your interests. In addition, the Commissioner may request additional information or clarification of submitted information.

You may be required to provide your fingerprints in conjunction with submitting your personal information. If your fingerprints are required, the Department will provide you with the necessary instructions and, if applicable, the forms upon which your fingerprints may be submitted.

In processing the information you provide, the Department may cause a consumer credit report to be prepared in accordance with the provisions of Title 1.6, Part 4, Division Third of the Civil Code (commencing at Section 1785.1), or an investigative consumer report to be prepared in accordance with the provisions of Title 1.6A, Part 4, Division Third of the Civil Code (commencing at Section 1786), or the respective successor statutes.

The information you provide the Department will be held in confidence as required by the Information Practices Act (Civil Code Section 1798, et seq.). The Information Practices Act provides that the Department may share the information you provide with the Department of Insurance, the Department of Business Oversight, other federal and state financial institution regulators, law enforcement agencies, or any other governmental entity if the disclosure is required under state or federal law. In addition, the Department may share the information you provide with any such agency if the disclosure assists the agency in discharging its duties.

Each individual has the right to review information maintained by the Department regarding him or herself, unless access to some or all of the information is exempt from disclosure by law. The official responsible for maintaining information gathered by the Department is as follows:

For all matters relating to credit unions;

Attn: Commissioner, Credit Unions
Department of Business Oversight
Division of Financial Institutions
300 South Spring Street, Suite 15513
Los Angeles, California 90013-1204.

 

For all matters relating to money transmitters

Attn: Commissioner, Money Transmitters 
Department of Business Oversight
Division of Financial Institutions
45 Fremont Street, Suite 1700
San Francisco, California 94105-2219

 

For all other matters;

Attn: Deputy Commissioner, Banking
Department of Business Oversight
Division of Financial Institutions 
1515 K Street, Suite 200
Sacramento, California 95814-4052

Notice Required Under State Law


The following notice is required by state law under the Information Practices Act of 1977 (California Civil Code Section 1798.17).
The California Department of Business Oversight requests the information in the attached form to determine whether:

  • A license, qualification, registration, certificate or other authority should be accepted, granted, approved, denied, revoked, or limited in any way;
  • Business entities or individuals licensed or otherwise regulated by the Department of Business Oversight are conducting themselves in accordance with applicable laws; and/or
  • Laws administered by the Department of Business Oversight are being or have been violated and whether administrative action, civil action, or referral to a self-regulatory organization or other government agency is appropriate.

All information you provide is voluntary. Failure to provide all or any part of the information requested may hinder the Department of Business Oversight from investigating your complaint.

We may share your personal information, as needed, with licensed business entities or individuals to facilitate resolution of your complaint. We may also share your information with other government agencies or self-regulatory organizations.

The Commissioner is responsible for the performance of all duties, the exercise of all powers and jurisdiction, and the assumption and discharge of all responsibilities vested by law in the Department. The Commissioner has and may exercise all the powers necessary or convenient for the administration and enforcement of, among other laws, the laws described in Financial Code Section 300. The Commissioner may issue such rules and regulations consistent with law as he or she may deem necessary or advisable in executing the powers, duties, and responsibilities of the Department.

The information you provide is maintained by the Department of Business Oversight pursuant to one or more of the following laws:

  • Corporate Securities Law of 1968 (Corporations Code Section 25000, et seq.);
  • Capital Access Company Law (Corporations Code Section 28000, et seq.);
  • Bucket Shop Law (Corporations Code Section 29000, et seq.);
  • California Commodity Law of 1990 (Corporations Code Section 29500, et seq.);
  • Franchise Investment Law (Corporations Code Section 31000, et seq.);
  • Financial Institutions Law (Financial Code Section 99, et seq.);
  • Money Transmission Act (Financial Code Section 2000, et seq.);
  • Check Sellers, Bill Payers and Proraters Law (Financial Code Section 12000, et seq.);
  • California Credit Union Law (Financial Code Section 14000, et seq.);
  • California Deferred Deposit Transaction Law (Financial Code Section 23000, et seq.);
  • Escrow Law (Financial Code Section 17000, et seq.);
  • California Finance Lenders Law (Financial Code Section 22000, et seq.);
  • Securities Depository Law (Financial Code Section 30000, et seq.); and
  • California Residential Mortgage Lending Act (Financial Code Section 50000, et seq.).

You have a right to see your personal information. The official responsible for maintaining information gathered by the Department of Business Oversight is:

Deputy Commissioner, Office of Management and Budget
Department of Business Oversight
1515 K Street, Suite 200
Sacramento, California 95814-4052
(916) 445-5541

Updated [month/year]