California Code of Regulations
Title 10 - Investment
Chapter 6 - Real Estate Commissioner
Article 6 - Corporate Licenses
Section 2746 - Corporate Real Estate Brokers, Officers, Directors and Shareholders

Universal Citation: 10 CA Code of Regs 2746

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

(a) At the time of application for, or in the reinstatement of, an original real estate broker license, the designated officer shall file a background statement of information for each director, the chief executive officer, the president, first level vice presidents, secretary, chief financial officer, subordinate officers with responsibility for forming policy of the corporation and all natural persons owning or controlling more than ten percent of its shares, if such person has been the subject of any of the following:

(1) Received an order or judgment issued by a court or governmental agency during the preceding 10 years temporarily or permanently restraining or enjoining any business conduct, practice or employment;

(2) Has had a license to engage in or practice real estate or other regulated profession, occupation or vocation denied, suspended or revoked during the preceding 10 years;

(3) Engaged in acts requiring a real estate license of any state without the benefit of a valid license or permit authorizing that conduct during the preceding 10 years which have been enjoined by a court of law or administrative tribunal;

(4) Been convicted of a crime which is substantially related to the qualifications, functions or duties of a licensee of the Bureau as specified in Section 2910 of these Regulations (excluding drunk driving, reckless driving and speeding violations).

(b) The background statement shall be set forth in CalBRE Form RE 212 and shall inquire only about the information to be disclosed pursuant to subdivision (a). The background statement must be verified and completed by each corporate officer, director or stockholder as named in subdivision (a) to the fullest extent of the signatory's actual knowledge.

(c) Whenever there is a change in the persons whose background statements are required to be on file with the Bureau for a corporate licensee pursuant to subdivision (a) or an addition to the persons required to file statements pursuant to subdivision (a), the designated officer of the corporation shall, within 30 days thereafter, file with the Bureau a background statement of information for each new or changed person.

1. New section filed 7-6-89; operative 8-5-89 (Register 89, No. 31).
2. Amendment filed 3-19-90; operative 4-18-90 (Register 90, No. 13).
3. Amendment of subsection (a), new subsections (a)(1)-(a)(4), repealer and new subsection (b), amendment of subsection (c), and repealer of subsections (d)-(d)(11) filed 11-13-96; operative 11-13-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 46).
4. Amendment of subsection (a)(2) filed 12-30-97; operative 1-29-98 (Register 98, No. 1).
5. Change without regulatory effect amending subsections (a)(4)-(c) 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 10152, Business and Professions Code.

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