California Finance Broker Surety Bond
The California Department of Business Oversight, Financial Services Division oversees the licensure and regulations of finance brokers, mortgage and other non-bank lenders, payday lenders, mortgage servicers, escrow agents and escrow companies, and other financial service providers.
A finance lender is anyone who makes consumer or commercial loans.
A finance broker is a person who negotiates or performs an act in connection with loans made by a finance lender.
Section 22100 of the California Financial Code defines the requirements for license which includes a minimum net worth of at least $25,000 and requires a minimum $25,000 surety bond. None of the principals of the company can have a criminal history and must have a history of regulatory compliance.
- Submit the Checklist along with agency specific requirement attachments to the Department of Business Oversight NMLS Licensing Unit within five business days .
- Submit fingerprint card(s) for each control person filing an NMLS individual form.
- Complete the finance broker application through the NMLS system and pay the applicable filing fee.
- Provide copies of the following if applicable: a Certificate of Filing from the county clerk in which the fictitious business name was filed, if any questions answered “Yes” on the disclosure statement, provide supporting documents and any explanation for each answer, provide a Good Standing Certificate or Certificate of Authority obtained from the California Secretary of State, partnership agreement, and an organizational chart if owned by persons or another entity, entities, affiliated entities or subsidiaries.
- Provide an unaudited financial statement within 90 days of the date of application. The financial statement must reflect a minimum real net worth of $250,000, unless licensed as a broker then the requirement is $50,000.
- Provide a Management Chart that includes offices, managers, and divisions.
- Provide a Business Plan as to how business will be conducted.
- Complete the Attestation by an authorized person for the company.
- Complete the Customer Authorization of Disclosure of Financial Records form. If executed in a state other than California, the form must be notarized.
- Complete the Execution Section by an authorized person for the company.
Surety Bond Requirements:
California finance broker licensees who originate mortgage loans are required to keep a minimum $25,000 surety bond. The surety bond amounts will be based on the aggregate dollar amount of residential mortgage loans originated by the licensee in the previous calendar year, as follows:
|Aggregate Loans||Bond Amount|
|Less than $1,000,000||$ 25,000 Surety Bond|
|$1,000,001 - $50,000,000||$ 50,000 Surety Bond|
|$50,000,001 - $500,000,000||$100,000 Surety Bond|
|$500,000,001 or Over||$200,000 Surety Bond|
Surety bond requirements for CFLL licensees who do not originate residential mortgage loans will remain $25,000.
How Much Will This Bond Cost?
The premium that you pay for a California Finance Broker Surety Bond is dependent on credit and the bond amount required.
Did You Know?
Finance lenders in California can write either secured or unsecured loans. Secured loans can be secured with personal property. If the loan is more than $5,000, it can be secured with a combination of personal and real property or by real property alone.
Related Links: California Finance Lenders License FAQsNMLS Registration Portal California Request for Live Scan ServiceCalifornia Finance Lenders Law License - New Application Checklist State of California - Finance Lenders Law - Plan of BusinessState of California - Finance Lenders Law - Plan of Business California Finance Lenders Law - Licensee Information
More Surety Bond Questions?
Check out our FAQ page or What’s a Surety Bond? page. Should you need or choose to buy a surety bond, buy from us. SuretyGroup.com has been underwriting surety bonds throughout the U.S. for more than 35 years. When you work with us, you enjoy the unique benefit of dealing with a team of highly experienced surety agents with in-house underwriting authority. This allows you to receive competitive, low rates, quick approvals, and immediate bond delivery. In most cases, your bond will be delivered within 24 hours after you apply for it.
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