Current through Register 2021 Notice, Register No. 40, October 1, 2021
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
(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
(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
(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.
Cal. Code Regs. Tit.
Note: Authority cited: Section
Business and Professions Code. Reference: Section
Business and Professions Code.
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
(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).