California Code of Regulations
Title 10 - Investment
Chapter 6 - Real Estate Commissioner
Article 16 - Mortgage Loan Brokerage
Section 2845 - Interpretive Opinion Request

Universal Citation: 10 CA Code of Regs 2845

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

(a) A request for an interpretive opinion pursuant to Section 10236 of the Code shall be addressed to the Headquarters Office of the Bureau to the attention of Chief Counsel.

(b) An interpretive opinion request shall satisfy each of the following conditions:

(1) The request shall clearly state that it is a request for an interpretive opinion pursuant to Section 10236 of the Code.

(2) The request shall be addressed to a specific transaction or transactions or to a narrowly-defined course of conduct or business practice. The persons or entities on whose behalf the request is made shall be identified. If the persons or entities cannot be identified by name at the time of the request, they must be identified by their capacities in the transaction, course of conduct, or business practice. If the person requesting the opinion knows of persons other than those on whose behalf the request is made who intend to engage in a transaction, course of conduct, or business practice in reliance upon the opinion, such information shall also be included in the request for opinion.

(3) The nature of the transaction, course of conduct, or business practice, the capacities of parties to the transaction, and relevant details about it shall be described. Instruments, or other documents that will be used in the transaction, course of conduct, or business practice, completed in illustrative form to explain the transaction, course of conduct, or business practice, shall be appended to the request.

(4) The question or questions central to the opinion request shall be specifically and narrowly framed.

(c) Attorneys at law seeking interpretive opinions on behalf of clients shall include with the opinion requests, their own analyses of the issues presented by the request, their views with respect to the issues presented and citations of legal authority in support of those views.

1. Amendment filed 8-3-66; effective thirtieth day thereafter (Register 66, No. 25). For prior history, see Register 57, No. 20.
2. Repealer and new section filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).
3. Repealer and new section filed 1-21-83; effective thirtieth day thereafter (Register 83, No. 4).
4. Change without regulatory effect amending subsection (a) filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Section 10236, Business and Professions Code.

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