California Code of Regulations
Title 10 - Investment
Chapter 3 - Commissioner of Financial Protection and Innovation
Subchapter 6 - California Financing Law
Article 1 - General Provisions
Section 1408 - Waivers Prohibited
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A finance company shall not require or permit a borrower to waive any statutory provision of the Law for his/her benefit, including any notice which the law requires to be given to the borrower (however, any notice may be given by registered mail, directed to his/her last known address), nor shall a finance company require or permit a borrower to waive any mandatory provision of these rules and regulations.
(b) A program administrator shall not require or permit a property owner to waive any statutory provision of the Law, Streets and Highways Code sections 5898.16 or 5898.17, or chapter 29.1 (commencing with section 5900) of part 3 of division 7 of the Streets and Highways Code, for his or her benefit, including any notice which any law requires to be given to the property owner, nor shall a program administrator require or permit a property owner to waive any mandatory provision of these rules and regulations, unless the law or regulation expressly authorizes a waiver.
1. Editorial
correction of NOTE filed 10-13-82 (Register 82, No. 42).
2.
Amendment filed 12-29-83; effective thirtieth day thereafter (Register 83, No.
53).
3. Amendment filed 2-21-85; effective thirtieth day thereafter
(Register 85, No. 8).
4. Change without regulatory effect amending
section and NOTE filed 6-14-95 pursuant to section
100, title 1, California Code of
Regulations (Register 95, No. 24).
5. Amendment of section and NOTE
filed 8-5-2021; operative 10-1-2021 (Register 2021, No. 32). Transmission
deadline specified in Government Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Section 22150, Financial Code. Reference: Sections 22001 and 22689, Financial Code; and Sections 5898.16, 5898.17, 5913, 5914, 5922, 5923, 5924, 5925, 5926, 5940 and 5954, Streets and Highways Code.