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