Cal. Code Regs. Tit. 10, § 2731 - Use of False or Fictitious Name

Current through Register 2021 Notice, Register No. 40, October 1, 2021

(a) A licensee shall not use a fictitious name in the conduct of any activity for which a license is required under the Real Estate Law unless the licensee is the holder of a license bearing the fictitious name.
(b) The Bureau shall issue a license required under the Real Estate Law only in the legal name of the licensee or in the fictitious business name of a broker who presents evidence of having complied with the provisions of Sections 17910 and 17917 of the Code.
(c) The commissioner may refuse to issue a license bearing a fictitious name to a broker if the fictitious name:
(1) Is misleading or would constitute false advertising.
(2) Implies a partnership or corporation when a partnership or corporation does not exist in fact.
(3) Includes the name of a real estate salesperson.
(4) Constitutes a violation of the provisions of Sections 17910, 17910.5, 17913 or 17917 of the Code.
(5) Is the name formerly used by a licensee whose license has since been revoked.
(d) A license may not be issued or renewed with a fictitious business name containing the term "escrow", or any name which implies that escrow services are provided, unless the fictitious business name includes the term, "a non-independent broker escrow" following the name. Licensees who have been or are issued a license with a fictitious business name with the term "escrow", or any term which implies that escrow services are provided, must include the term "a non-independent broker escrow" in any advertising, signs, or electronic promotional material.
(e) Where a licensee is a natural person, the use of a nickname in place of his or her legal given name (first name) shall not constitute a fictitious name for purposes of this section, provided that where the nickname is used, the licensee also uses as a surname (last name) his or her surname as it appears on his or her real estate license, and includes his or her Bureau-issued license identification number as required by Section 10140.6 of the Code.

Notes

Cal. Code Regs. Tit. 10, § 2731

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10140.6,10159.5 and 10177, Business and Professions Code.

1. New section filed 8-21-63; designated effective 9-20-63 (Register 63, No. 14).
2. Repealer and new section filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 30).
3. Amendment of subsection (a), new subsections (b)-(b)(4) and subsection relettering filed 9-5-2003; operative 10-5-2003 (Register 2003, No. 36).
4. Amendment of subsection (a), repealer of subsections (b)-(b)(4), subsection relettering and amendment of Note filed 9-22-2004; operative 10-22-2004 (Register 2004, No. 39).
5. New subsection (d) filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
6. New subsection (e) and amendment of Note filed 8-11-2011; operative 9-10-2011 (Register 2011, No. 32).
7. Change without regulatory effect amending subsections (b) and (e) filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).

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