California Code of Regulations
Title 10 - Investment
Chapter 3 - Commissioner of Financial Protection and Innovation
Subchapter 15 - Student Loan Servicing Act
Article 2 - Application for Licensure and Related Forms
Section 2032.5 - Electronic Filings

Universal Citation: 10 CA Code of Regs 2032.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) DESIGNATION: The Commissioner designates the Nationwide Multistate Licensing System & Registry (NMLS) to receive and store filings, obtain credit reports, and collect related fees and assessments from applicants and state-licensed student loan servicers, on behalf of the Commissioner.

(b) USE OF NMLS: All student loan servicer applications, amendments, surety bonds, notices, related filings, supporting documents, renewals, authorizations, assessments, and fees required to be filed with the Commissioner, shall be filed electronically with and transmitted to NMLS, except as otherwise indicated in this Subchapter. The following conditions relate to such electronic filings:

(1) Electronic Signature: When a signature or signatures are required by the particular instructions of any filing, including any attestation to be made through NMLS, a duly authorized officer or proper delegate of the applicant or the applicant him or herself, as required, shall affix his or her electronic signature to the filing by typing his or her name in the appropriate field and submitting the filing to the Commissioner through NMLS. Submission of a filing in this manner shall constitute irrefutable evidence of legal signature by any individual making the filing.

(2) When filed: Solely for purposes of a filing made through NMLS, unless otherwise specified, a document is considered filed with the Commissioner when all fees are received and the filing is transmitted by NMLS to the Commissioner.

(3) An applicant shall provide through NMLS the necessary authorizations so that NMLS may obtain independent credit reports.

(4) Any document required to be filed with the Commissioner that is not permitted to be filed with, or cannot be transmitted through NMLS, shall be filed directly with the Commissioner.

1. New article 2 (sections 2032.5-2038.5) and section filed 3-28-2019; operative 3-28-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).

Note: Authority cited: Section 28106, Financial Code. Reference: Sections 28106, 28108, 28110, 28112, 28114 and 28116, Financial Code.

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