News & Analysis as of

Broker-Dealer California

Allen Matkins

California's Legislature Mulls Weird Definition Of "Hedge Fund"

Allen Matkins on

As the California legislature approaches its final recess of the current session, it is continuing to move AB 3129 (Wood), a bill that would according to the bill's digest "require a private equity group or a hedge fund, as...more

Allen Matkins

Selling Unqualified Securities?  There's Are/Were Apps For That

Allen Matkins on

If someone told my younger self that someday people would take photographs with their phones, I would have wondered where you would insert the film.*  Today, the question would be "What is film?"  When I headed the Department...more

Allen Matkins

What's The Deal With New SEC Rule 3a5-4 And California?

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Section 3(a)(5) of the Securities Exchange Act of 1934 defines the term “dealer” to mean “any person engaged in the business of buying and selling securities . . . for such person’s own account through a broker or otherwise,”...more

Allen Matkins

Mum's The Word At California's Civil Rights Department Regarding Fair Investment Practices By Investment Advisers Law (AKA SB 54)

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I wrote about a bill, SB 54, that would have required institutional investors, securities and real estate brokers, and others to report on the diversity status of "founding teams".  At the time, I criticized the bill as being...more

Allen Matkins

Unlicensed Lender Parries Unfair Competition Claim

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Yesterday's post concerned discussed Lagrisola v. North American Financial Corp.,  2023 WL 7273708 (Nov. 3, 2023), in which the Court of Appeal held that a borrower had failed to plead a cause of action against an unlicensed...more

Allen Matkins

Court Of Appeal Finds No Private Right Of Action Against Unlicensed Lender

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Section 22100 of the California Financial Code prohibits persons from engaging in the business of a finance lender or broker without obtaining a license from the California Commissioner of Financial Protection & Innovation. ...more

Allen Matkins

A Form D Is Not A Registration Statement And Why It Might Matter

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Securities law practitioners know that Section 5(a) of the Securities Act of 1933 generally makes it unlawful to sell a security unless a registration statement is in effect, or the security or the transaction is exempt. ...more

Allen Matkins

DFPI Posts Annual B-D/IA Report To The Legislature

Allen Matkins on

The California Department of Financial Protection & Innovation recently posted its 2023 Annual Report to the Legislature regarding its broker-dealer and investment adviser programs.  The report's title is a bit of a misnomer...more

Allen Matkins

California Bill Would Require Notice To The Attorney General 6 Months Before Making Any Purchase From A Grocery Store!

Allen Matkins on

California Assemblymember  Brian Maienschein has introduced a bill, AB 853, that seemingly would impose a notification burden on just about anyone anywhere...more

Allen Matkins

CFL Licensees Beware The Ides Of March

Allen Matkins on

Lenders and brokers licensed under the California Finance Lenders Law must file an annual report by the Ides of March (i.e., March 15) of each year.  Cal. Fin. Code § 22159.  This is a hard deadline and the Department of...more

Allen Matkins

DFPI Issues Numerous Detailed Warnings Of Possible Cryptocurrency Broker Frauds

Allen Matkins on

Shortly after Christmas, the California Department of Financial Protection & Innovation began issuing consumer alerts with respect to possible cryptocurrency broker frauds.  These alerts generally involved alleged "Advance...more

Allen Matkins

California Bill Would Ban This Unusual "Purpose Credit"

Allen Matkins on

Regulation U, 12 CFR § 221.1 – 221.125, imposes certain requirements for lenders, other than securities brokers and dealers, who extend credit secured by margin stock.  Regulation U defines "purpose credit" as "any credit for...more

Allen Matkins

DFPI BDIA Examinations Continue To Decline

Allen Matkins on

The California Department of Financial Protection & Innovation's Broker-Dealer/Investment Adviser (BDIA) program licenses and regulates investment advisers, investment adviser representatives, broker-dealers, and...more

Allen Matkins

A New Year Has Begun, Time To Get Started On Last Year's Annual Report

Allen Matkins on

Ladies and Gentlemen, Start Gathering Your Data! If you are a licensee under the California Financing Law, you are required to submit an annual report to the Department of Financial Protection & Innovation no later than...more

Allen Matkins

New Laws For A New Year

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California's Department of Financial Protection & Innovation has complied this summary of new laws that affect or may otherwise be of interest to persons licensed by the department.  In general, these laws will take effect on...more

Allen Matkins

Why CFL Licensed Lenders Must Submit New License Applications By Year End

Allen Matkins on

Several thousand lenders and brokers are currently licensed by the Department of Financial Protection & Innovation under the California Financing Law.   The CFL generally requires that persons engaged in the business of...more

ArentFox Schiff

Commission-Only Employees Are Not Exempt from Overtime

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On November 9, 2020, the California Court of Appeal (Fourth Appellate District, Division 3) decided Semprini vs Wedbush Securities, Inc., holding that a certified class of employees paid on a commission-only basis did not...more

Allen Matkins

California's Alarmingly Expansive Definition Of "Investment Adviser"

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Is someone who predicts a future stock market crash and advises reallocating investments to precious metals or real estate an investment adviser?  A recent complaint filed the Commodity Futures Trading Commission, California...more

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