Amended in Senate July 6, 2015

Amended in Senate June 15, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 704


Introduced by Assembly Member Cooley

February 25, 2015


An act to amend, repeal, and add Section 12389 of, and to add Section 12340.13 to, the Insurance Code, relating to escrow.

LEGISLATIVE COUNSEL’S DIGEST

AB 704, as amended, Cooley. Escrow services: authorization to transact business.

Existing law authorizes an underwritten title company to engage in the escrow business and to act as an escrow agent if the company satisfies specified requirements, including maintenance of specified records, and the deposit of a specified sum of money with the commissioner. Existing law specifies the conditions under which the commissioner may release or return those deposits to the company.

This bill would expand the requirements for a company to be authorized to conduct escrow services, to engage in the escrow business, and to act as an escrow agent. The bill would authorize a company that is a stock corporation to conduct escrow services through a business location, as defined, if the company receives approval of its name from the commissioner, maintains a minimum net worth, obtains a license to transact its business from the commissioner, and furnishes audits to the commissioner, as specified. The bill would require a company, on and after July 1, 2016, as a condition of engaging in the escrow business or acting as an escrow agent, to maintain a bondbegin delete of $50,000.end deletebegin insert or deposit in a specified amount.end insert The bill would authorize a company to, with the approval of the commissioner, obtain an irrevocable letter of credit in lieu of that bond. The bill would specify conditions for the issuance of that bond or letters of credit or use of that cash deposit. The bill would require the commissioner to promptly release all escrow-related deposits made with the commissioner before July 1, 2016, under specified conditions, including the deposit of the bond, letter of credit, or cash deposit described above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 12340.13 is added to the Insurance Code,
2to read:

3

12340.13.  

“Business location” means a facility or other place
4of business in this state where an underwritten title company or
5controlled escrow company engages in the business of conducting
6escrow services.

7

SEC. 2.  

Section 12389 of the Insurance Code is amended to
8read:

9

12389.  

(a) An underwritten title company as defined in Section
1012340.5, which shall be a stock corporation, may, subject to
11subdivision (b), (1) engage in the business of preparing title
12searches, title reports, title examinations, or certificates or abstracts
13of title, upon the basis of which a title insurer writes title policies,
14and (2) conduct escrow services at business locations, as defined
15in Section 12340.13, in counties in which the underwritten title
16company is licensed to conduct escrow services regardless of the
17location of the real or personal property involved in the transaction.

18(b) (1) Only domestic corporations may be licensed under this
19section and no underwritten title company, as defined in Section
2012340.5, shall become licensed under this section, or change the
21name under which it is licensed or operates, unless it has first
22complied with Section 881.

23(2) (A) Depending upon the county or counties in which the
24company is licensed to transact business, it shall maintain required
25minimum net worth as follows:


P3   14

 

Aggregate number of documents
recorded and documents filed in the
offices of the county recorders in the
preceding calendar year in all counties
where the company is licensed to transact
business.

  

Number of documents

 

Amount of required
minimum net worth

Less than 50,000    

$ 75,000 

50,000 to 100,000    

120,000

100,000 to 500,000    

200,000

500,000 to 1,000,000    

300,000

1,000,000 or more    

400,000

 

15(B) “Net worth” is defined as the excess of assets over all
16liabilities and required reserves. It may carry as an asset the actual
17cost of its title plant, provided the value ascribed to that asset shall
18not exceed the aggregate value of all other assets.

19(C) If a title plant of an underwritten title company is not being
20currently maintained, the asset value of the plant shall not exceed
21its asset value as determined in the preceding paragraph as of the
22date to which that plant is currently maintained, less one-tenth
23thereof for each succeeding year or part of the succeeding year
24that the plant is not being currently maintained. For the purposes
25of this section, a title plant shall be deemed currently maintained
26so long as it is used in the normal conduct of the business of title
27insurance, and (i) the owner of the plant continues regularly to
28obtain and index title record data to the plant or to a continuation
29thereof in a format other than that previously used, including, but
30not limited to, computerization of the data, or (ii) the owner of the
31plant is a participant, in an arrangement for joint use of a title plant
32system regularly maintained in any format, provided the owner is
33contractually entitled to receive a copy of the title record data
34contained in the jointly used title plant system during the period
35of the owner’s participation therein, either periodically or upon
36termination of that participation, at a cost not to exceed the actual
37cost of duplication of the title record data.

38(D) An underwritten title company at all times shall maintain
39current assets of at least ten thousand dollars ($10,000) in excess
40of its current liabilities, as current assets and liabilities may be
P4    1defined pursuant to regulations made by the commissioner. In
2making the regulations, the commissioner shall be guided by
3generally accepted accounting principles followed by certified
4public accountants in this state.

5(3) (A) An underwritten title company shall obtain from the
6commissioner a license to transact its business. The license shall
7not be granted until the applicant conforms to the requirements of
8this section and all other provisions of this code specifically
9applicable to the applicant. After issuance the holder shall continue
10to comply with the requirements as to its business set forth in this
11code, in the applicable rules and regulations of the commissioner
12and in the laws of this state.

13(B) An underwritten title company that possesses, or is required
14to possess, a license pursuant to this section is subject as if an
15insurer to the provisions of Article 8 (commencing with Section
16820) of Chapter 1 of Part 2 of Division 1 of this code and is deemed
17to be subject to authorization by the Insurance Commissioner
18within the meaning of subdivision (e) of Section 25100 of the
19Corporations Code.

20(C) The license may be obtained by filing an application on a
21form prescribed by the commissioner accompanied by a filing fee
22of three hundred fifty-four dollars ($354). The license when issued
23shall be for an indefinite term and shall expire with the termination
24of the existence of the holder, subject to the annual renewal fee
25imposed under Sections 12415 and 12416.

26(D) An underwritten title company seeking to extend its license
27to an additional county shall pay a two-hundred-seven-dollar ($207)
28fee for each additional county, and shall furnish to the
29commissioner evidence, at least sufficient to meet the minimum
30net worth requirements of paragraph (2), of its financial ability to
31expand its business operation to include the additional county or
32counties.

33(4) (A) An underwritten title company shall furnish an audit to
34the commissioner on the forms provided by the commissioner
35annually, either on a calendar year basis on or before March 31
36or, if approved in writing by the commissioner in respect to any
37individual company, on a fiscal year basis on or before 90 days
38after the end of the fiscal year. The time for furnishing any audit
39required by this paragraph may be extended, for good cause shown,
40on written approval of the commissioner for a period, not to exceed
P5    160 days. Failure to submit an audit on time, or within the extended
2time that the commissioner may grant, shall be grounds for an
3order by the commissioner to accept no new business pursuant to
4subdivision (d). The audits shall be private, except that a synopsis
5of the balance sheet on a form prescribed by the commissioner
6may be made available to the public.

7(B) The audits shall be made in accordance with generally
8accepted auditing standards by an independent certified public
9accountant or independent licensed public accountant whose
10certification or license is in good standing at the time of the
11preparation. The fee for filing the audit shall be three hundred
12thirteen dollars ($313).

13(C) The commissioner may refuse to accept an audit or order a
14new audit for any of the following reasons:

15(i) An adverse result in any proceeding before the California
16Board of Accountancy affecting the auditor’s license.

17(ii) The auditor has an affiliation with the underwritten title
18company, or any of its officers or directors, that would prevent his
19or her reports on the company from being reasonably objective.

20(iii) The auditor has suffered conviction of a misdemeanor or
21felony based on his or her activities as an accountant.

22(iv) A judgment adverse to the auditor in any civil action finding
23him or her guilty of fraud, deceit, or misrepresentation in the
24practice of his or her profession.

25(D) A company that fails to file any audit or other report on or
26before the date it is due shall pay to the commissioner a penalty
27fee of one hundred eighteen dollars ($118) and on failure to pay
28that or another fee or file the audit required by this section shall
29forfeit the privilege of accepting new business until the delinquency
30is corrected.

31(c) An underwritten title company may engage in the escrow
32business and act as escrow agent provided that:

33(1) The company maintains a record of all receipts and
34disbursements of escrow funds.

35(2) (A) The company deposits seven thousand five hundred
36dollars ($7,500) for each county in which it transacts business in
37some form permitted by Section 12351 with the commissioner
38who shall immediately make a special deposit of that amount in
39the State Treasury and that deposit shall be subject to Sections
4012353, 12356, 12357, and 12358 and, as long as there are no claims
P6    1against the deposit, all interest and dividends thereon shall be paid
2to the depositor. The deposit shall be for the security and protection
3of persons having lawful claims against the depositor growing out
4of escrow transactions with it. The deposit shall be maintained
5until four years after all escrows handled by the depositor have
6been closed.

7(B) The commissioner may release the deposits prior to the
8passage of the four-year period upon presentation of evidence
9satisfactory to the commissioner of either a statutory merger of
10the depositor into a licensee or certificate holder subject to the
11jurisdiction of the commissioner, or a valid assumption agreement
12under which all liability of the depositor stemming from escrow
13transactions handled by it is assumed by a licensee or certificate
14holder subject to the jurisdiction of the commissioner.

15(C) With the foregoing exceptions, the deposit shall be returned
16to the depositor or lawful successor in interest following the
17four-year period, upon presentation of evidence satisfactory to the
18commissioner that there are no claims against the deposit stemming
19from escrow transactions handled by the depositor. If the
20commissioner has evidence of one or more claims against the
21depositor, and the depositor is not in conservatorship or liquidation,
22the commissioner may interplead the deposit by special
23endorsement to a court of competent jurisdiction for distribution
24on the basis that claims against the depositor stemming from
25escrow transactions handled by it have priority in the distribution
26over other claims against the depositor.

27(d) The commissioner shall, whenever it appears necessary,
28examine the business and affairs of a company licensed under this
29section. The examination shall be at the expense of the company.

30(e) (1) If the commissioner determines, after notice and hearing,
31that a company licensed under this section has willfully failed to
32comply with a provision of this section, the commissioner shall
33make his or her order prohibiting the company from conducting
34its business for a period of not more than one year.

35(2) A company violating the commissioner’s order is subject to
36seizure under Article 14 (commencing with Section 1010) of
37Chapter 1 of Part 2 of Division 1, is guilty of a misdemeanor, and
38may have the license revoked by the commissioner. Any person
39aiding and abetting any company in a violation of the
40commissioner’s order is guilty of a misdemeanor.

P7    1(f) The purpose of this section is to maintain the solvency of
2the companies subject to this section and to protect the public by
3preventing fraud and requiring fair dealing. In order to carry out
4these purposes, the commissioner may make reasonable rules and
5regulations to govern the conduct of its business of companies
6subject to this section. The rules and regulations shall be adopted,
7amended, or repealed in accordance with the procedure provided
8in Chapter 3.5 (commencing with Section 11340) of Part 1 of
9Division 3 of Title 2 of the Government Code.

10(g) The name under which each underwritten title company is
11licensed shall at all times be an approved name. The fee for filing
12an application for a change of name shall be one hundred eighteen
13dollars ($118). Eachbegin delete suchend delete company shall be subject to the
14provisions of Article 14 (commencing with Section 1010) and
15Article 14.5 (commencing with Section 1065.1) of Chapter 1 of
16Part 2 of Division 1.

17(h) This section is repealed as of July 1, 2016.

18

SEC. 3.  

Section 12389 is added to the Insurance Code, to read:

19

12389.  

(a) On and after July 1, 2016, an underwritten title
20company as defined in Section 12340.5 that is a stock corporation
21may, subject to subdivision (b), (1) engage in the business of
22preparing title searches, title reports, title examinations, or
23certificates or abstracts of title, upon the basis of which a title
24insurer writes title policies, and (2) conduct escrow services
25through business locations, as defined in Section 12340.13, in
26counties in which the underwritten title company is licensed to
27conduct escrow services regardless of the location of the real or
28personal property involved in the transaction.

29(b) (1) Only a domestic corporation may be licensed under this
30section and no underwritten title company, as defined in Section
3112340.5, may become licensed under this section, or change the
32name under which it is licensed or operates, unless it has first
33complied with Section 881.

34(2) (A) Depending upon the county or counties in which the
35company is licensed to transact business, it shall maintain required
36minimum net worthbegin insert and a bond or cash depositend insert as follows:

begin deleteP8   14

 

Aggregate number of documents
recorded and documents filed in the
offices of the county recorders in the
preceding calendar year in all counties
where the company is licensed to transact
business.

  

Number of documents

 

Amount of required
minimum net worth

Less than 50,000    

$ 75,000 

50,000 to 100,000    

120,000

100,000 to 500,000    

200,000

500,000 to 1,000,000    

300,000

1,000,000 or more    

400,000

P8   30

 

end delete

 

begin insert
begin insert

Aggregate number of documents
recorded and documents filed in the
preceding calendar year in all counties
where the company is licensed to transact
business

end insert
begin insert end insertbegin insert end insertbegin insert end insert
begin insert end insertbegin insert end insertbegin insert end insertbegin insert end insert
begin insert

Number of documents

end insert
begin insert end insertbegin insert

Amount of required
minimum net worth

end insert
begin insert

Amount of bond or
cash deposit

end insert
begin insert

Less than 50,000   

end insert
begin insert

$ 75,000

end insert
begin insert

$ 50,000

end insert
begin insert

50,000 to 100,000   

end insert
begin insert

120,000

end insert
begin insert

50,000

end insert
begin insert

100,000 to 500,000   

end insert
begin insert

200,000

end insert
begin insert

100,000

end insert
begin insert

500,000 to 1,000,000   

end insert
begin insert

300,000

end insert
begin insert

100,000

end insert
begin insert

1,000,000 or more   

end insert
begin insert

400,000

end insert
begin insert

100,000

end insert
end insert

 

31(B) “Net worth” for the purposes of this section is defined as
32the excess of assets over all liabilities and required reserves. The
33company may carry as an asset the actual cost of its title plant,
34provided the value ascribed to that asset shall not exceed the
35aggregate value of all other assets.

36(C) If a title plant of an underwritten title company is not
37currently maintained, the asset value of the plant shall not exceed
38its asset value as determined in the preceding paragraph as of the
39date to which that plant is currently maintained, less one-tenth
40thereof for each succeeding year or part of the succeeding year
P9    1that the plant is not being currently maintained. For the purposes
2of this section, a title plant shall be deemed currently maintained
3so long as it is used in the normal conduct of the business of title
4insurance, and (i) the owner of the plant continues regularly to
5obtain and index title record data to the plant or to a continuation
6thereof in a format other than that previously used, including, but
7not limited to, computerization of the data, or (ii) the owner of the
8plant is a participant, in an arrangement for joint use of a title plant
9system regularly maintained in any format, provided the owner is
10contractually entitled to receive a copy of the title record data
11contained in the jointly used title plant system during the period
12of the owner’s participation therein, either periodically or upon
13termination of that participation, at a cost not to exceed the actual
14cost of duplication of the title record data.

15(D) An underwritten title company shall at all times maintain
16current assets of at least ten thousand dollars ($10,000) in excess
17of its current liabilities, as current assets and liabilities may be
18defined pursuant to regulations made by the commissioner. In
19making the regulations, the commissioner shall be guided by
20generally accepted accounting principles followed by certified
21public accountants in this state.

22(3) (A) An underwritten title company shall obtain from the
23commissioner a license to transact its business. The license shall
24not be granted until the applicant conforms to the requirements of
25this section and all other provisions of this code specifically
26applicable to the applicant. After issuance the holder of the license
27shall continue to comply with the requirements as to its business
28set forth in this code, in the applicable rules and regulations of the
29commissioner, and in the laws of this state.

30(B) An underwritten title company that possesses, or is required
31to possess, a license pursuant to this section shall be subject as if
32an insurer to the provisions of Article 8 (commencing with Section
33820) of Chapter 1 of Part 2 of Division 1 of this code and is deemed
34to be subject to authorization by the Insurance Commissioner
35within the meaning of subdivision (e) of Section 25100 of the
36Corporations Code.

37(C) The license may be obtained by filing an application on a
38form prescribed by the commissioner accompanied by a filing fee
39of three hundred fifty-four dollars ($354). The license when issued
40shall be for an indefinite term and shall expire with the termination
P10   1of the existence of the holder, subject to the annual renewal fee
2imposed under Sections 12415 and 12416.

3(D) An underwritten title company seeking to extend its license
4to an additional county shall pay a two-hundred-seven-dollar ($207)
5fee for each additional county, and shall furnish to the
6commissioner evidence, at least sufficient to meet the minimum
7net worth requirements of paragraph (2), of its financial ability to
8expand its business operation to include the additional county or
9counties.

10(4) (A) An underwritten title company shall furnish an audit to
11the commissioner on the forms provided by the commissioner
12annually, either on a calendar year basis on or before March 31
13or, if approved in writing by the commissioner in respect to any
14individual company, on a fiscal year basis on or before 90 days
15after the end of the fiscal year. The time for furnishing any audit
16required by this paragraph may be extended, for good cause shown,
17on written approval of the commissioner for a period, not to exceed
1860 days. Failure to submit an audit on time, or within the extended
19time that the commissioner may grant, is grounds for an order by
20the commissioner to accept no new business pursuant to
21subdivision (d). The audits shall be private, except that a synopsis
22of the balance sheet on a form prescribed by the commissioner
23may be made available to the public.

24(B) The audits shall be made in accordance with generally
25accepted auditing standards by an independent certified public
26accountant or independent licensed public accountant whose
27certification or license is in good standing at the time of the
28 preparation. The fee for filing the audit shall be three hundred
29thirteen dollars ($313).

30(C) The commissioner may refuse to accept an audit or order a
31new audit for any of the following reasons:

32(i) An adverse result in any proceeding before the California
33Board of Accountancy affecting the auditor’s license.

34(ii) The auditor has an affiliation with the underwritten title
35company or any of its officers or directors that would prevent his
36or her reports on the company from being reasonably objective.

37(iii) The auditor has been convicted of a misdemeanor or felony
38based on his or her activities as an accountant.

P11   1(iv) A judgment adverse to the auditor in any civil action finding
2him or her guilty of fraud, deceit, or misrepresentation in the
3practice of his or her profession.

4(D) A company that fails to file an audit or other report on or
5before the date it is due shall pay to the commissioner a penalty
6fee of one hundred eighteen dollars ($118) and on failure to pay
7that or another fee or file the audit required by this section shall
8forfeit the privilege of accepting new business until the delinquency
9is corrected.

10(c) An underwritten title company may engage in the escrow
11business and act as escrow agent, provided that:

12(1) It maintains a record of all receipts and disbursements of
13escrow funds.

begin delete

14(2) (A) The company shall maintain a bond of fifty thousand
15dollars ($50,000).

16(B) An applicant or licensee may obtain an irrevocable letter of
17credit approved by the commissioner in lieu, and in the amount,
18of the bond. The bond or letter of credit, as applicable, shall run
19to the state for the use of the state, and for any person who has
20cause against the obligor of the bond or the applicant of a letter of
21credit, under the provisions of this chapter.

end delete
begin insert

22(2) (A) It maintains a bond satisfactory to the commissioner in
23the amount set forth in subparagraph (A) of paragraph (2) of
24subdivision (b) of this section. The bond shall run to the state for
25the use of the state, and for any person who has cause against the
26obligor of the bond or under the provisions of this chapter.

end insert
begin insert

27(B) (i) In lieu of the bond described in subparagraph (A), the
28company shall maintain a deposit in the amount set forth in
29subparagraph (A) of paragraph (2) of subdivision (b) of this
30section, and in a form permitted by Section 12351, with the
31commissioner, who shall immediately make a special deposit in
32that amount in the State Treasury. The deposit shall be subject to
33Sections 12353, 12356, 12357, and 12358. As long as there are
34no claims against the deposit, all interest and dividends thereon
35shall be paid to the depositor. The deposit shall be security for the
36same beneficiaries and purposes as the bond, as set forth in
37subparagraph (A) and in paragraph (3) of this subdivision. The
38deposit shall be maintained until four years after all escrows
39handled by the depositor have been closed.

end insert
begin insert

P12   1(ii) The commissioner may release the deposit prior to the
2passage of the four-year period described in clause (i) upon
3presentation of evidence satisfactory to the commissioner of either
4a statutory merger of the depositor into a licensee subject to the
5jurisdiction of the commissioner, or a valid assumption agreement
6under which the liability of the depositor stemming from escrow
7transactions handled by it is assumed by a licensee subject to the
8jurisdiction of the commissioner.

end insert
begin insert

9(iii) With the foregoing exceptions, the deposit shall be returned
10to the depositor or lawful successor in interest following the
11four-year period described in clause (i) upon presentation of
12evidence satisfactory to the commissioner that there are no claims
13against the deposit arising out of escrow transactions handled by
14the depositor. If claims against the deposit are presented to the
15commissioner, the commissioner may pay a valid claim or claims
16until the deposit amount is exhausted. If the commissioner has
17evidence of one or more claims against the depositor, and the
18depositor is in conservatorship, bankruptcy, or liquidation
19proceedings, the commissioner may release the deposit to the
20conservator, trustee, or liquidator. If the depositor is not in
21conservatorship, bankruptcy or liquidation, the commissioner may
22interplead the deposit by special endorsement to a court of
23competent jurisdiction for distribution to claimants on the deposit.

end insert

24(3) (A) The bond provided by a surety insurer naming the
25underwritten title company as principal obligor or the letter of
26credit of an issuing bank shall be subject to the following
27conditions:

28(i) The licensee shall faithfully conform to and abide by the
29provisions of this chapter and all of the rules made by the
30commissioner under this chapter concerning the conduct of escrow
31services.

32(ii) The licensee will honestly and faithfully apply all funds
33received, and will faithfully and honestly perform all obligations
34and undertakings under this chapter, concerning the conduct of
35escrow services.

36(B) In determining the liability of the principal and the sureties
37under the bond, any money recovered to restore any deficiency in
38the trust shall not be considered as an asset of the liquidation
39subject to the assessment for the cost of the liquidation.

P13   1(C) The surety under the bond, or the issuing bank of a letter of
2credit, may pay the full amount of its liability thereunder to the
3commissioner as conservator, liquidator, receiver, or anyone
4appointed by the commissioner as a conservator, liquidator, or
5receiver in lieu of payment to the state or persons having a cause
6of action against the principal of a bond or applicant under a letter
7of credit, and upon such payment the surety on the bond, or the
8issuing bank under a letter of credit shall be completely released,
9discharged, and exonerated from further liability under the bond
10or letter of credit, as applicable. The conservator, liquidator, or
11receiver may use the proceeds of the bond, or letter of credit, for
12any purposes, including the funding of the costs of conservatorship,
13receivership, or liquidation.

14(D) If there is no reasonable or adequate admitted market for
15surety bonds as required by this section, the commissioner may
16act pursuant to Section 1763.1 or,begin delete under extraordinary
17circumstances andend delete
for good cause shown,begin insert mayend insert permit abegin delete cash depositend delete
18begin insert letter of creditend insert in lieu thereof, and in the amount of the bondbegin insert or
19depositend insert
required by this section. In that case, the commissioner
20may fashion thebegin delete depositend deletebegin insert letter of creditend insert requirements as appropriate
21to the circumstances and cause.

22(4) On and after July 1, 2016, the commissioner shall promptly
23release to the depositor, upon application, all escrow-related
24deposits previously made pursuant to paragraph (2) of subdivision
25(c) of former Section 12389 if any of the following occurs:

26(A) The underwritten title company has provided to the
27commissioner bondbegin delete coverageend deletebegin insert coverage, a deposit,end insert or an approved
28irrevocable letter of credit as set forth in this subdivision.

29(B) Upon presentation of evidence satisfactory to the
30commissioner of either a statutory merger of the underwritten title
31company depositor into a licensee or certificate holder subject to
32the jurisdiction of the commissioner, or a valid assumption
33agreement under which all liability of the depositor stemming from
34escrow transactions handled by it is assumed by a licensee or
35certificate holder subject to the jurisdiction of the commissioner.

36(5) Otherwise the deposit shall be promptly returned to the
37depositor, its duly appointed trustee in bankruptcy or lawful
38successor in interest upon application for release following the
39four-year period specified in paragraph (2) , as that paragraph read
40on June 30, 2016, unless the commissioner has received claims
P14   1against the deposit stemming from escrow transactions handled
2by the depositor. If the commissioner has received one or more
3claims against the depositor, and the depositor is not in
4 conservatorship, bankruptcy, or liquidation, the commissioner may
5interplead the deposit by special endorsement to a court of
6competent jurisdiction for distribution on the basis that claims
7against the depositor stemming from escrow transactions handled
8by the depositor have priority in the distribution over other claims
9against the depositor.

10(d) The commissioner shall, whenever it appears necessary,
11examine the business and affairs of a company licensed under this
12section. The examination shall be at the expense of the company.

13(e) (1) At any time that the commissioner determines, after
14notice and hearing, that a company licensed under this section has
15willfully failed to comply with a provision of this section, the
16commissioner shall make his or her order prohibiting the company
17from conducting its business for a period of not more than one
18year.

19(2) A company that violates the commissioner’s order is subject
20to seizure under Article 14 (commencing with Section 1010) of
21Chapter 1 of Part 2 of Division 1, is guilty of a misdemeanor, and
22may have its license revoked by the commissioner. Any person
23aiding and abetting any company in a violation of the
24commissioner’s order is guilty of a misdemeanor.

25(f) The purpose of this section is to maintain the solvency of
26the companies subject to this section and to protect the public by
27preventing fraud and requiring fair dealing. In order to carry out
28these purposes, the commissioner may make reasonable rules and
29regulations to govern the conduct of its business of companies
30subject to this section. The rules and regulations shall be adopted,
31amended, or repealed in accordance with the procedures provided
32in Chapter 3.5 (commencing with Section 11340) of Part 1 of
33Division 3 of Title 2 of the Government Code.

34(g) The name under which each underwritten title company is
35licensed shall at all times be an approved name. The fee for filing
36an application for a change of name shall be one hundred eighteen
37dollars ($118). Each company shall be subject to the provisions
38of Article 14 (commencing with Section 1010) and Article 14.5
39(commencing with Section 1065.1) of Chapter 1 of Part 2 of
40Division 1.

P15   1(h) This section does not prohibit an underwritten title company
2from engaging in escrow, settlement, or closing activities on
3properties located outside this state if those activities do not violate
4the laws of that other state or country.

5(i) This section is operative on July 1, 2016.



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