CHAPTER 6. Professional Fiduciaries [6500. - 6592.]

Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3.

§§ 6500–6592 · 45 sections

1. ARTICLE 1. General Provisions §§ 6500–6502 · 3 sections

   • § 6500 This chapter shall be known as the Professional Fiduciaries Act.
   • § 6501 As used in this chapter, the following terms have the following meanings: (a) “Act” means this chapter. (b) “Bureau” means the Professional Fiduciaries Bureau…
   • § 6502 (a) Every person who is required to register with the Statewide Registry maintained by the Department of Justice under Chapter 13 (commencing with Section…
2. ARTICLE 2. Administration §§ 6510–6520 · 9 sections

   • § 6510 (a) There is within the jurisdiction of the department the Professional Fiduciaries Bureau. The bureau is under the supervision and control of the director.…
   • § 6511 (a) There is within the bureau a Professional Fiduciaries Advisory Committee. The committee shall consist of seven members; three of whom shall be licensees…
   • § 6513 The bureau may employ, subject to civil service and other provisions of law, other employees as may be necessary to carry out the provisions of this chapter…
   • § 6514 The bureau shall keep a complete record of all its proceedings and all licenses issued, renewed, or revoked, and a detailed statement of receipts and…
   • § 6515 The duty of administering and enforcing this chapter is vested in the bureau and the chief. In the performance of this duty, the bureau and the chief have all…
   • § 6516 Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the…
   • § 6517 The bureau may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of…
   • § 6518 (a) The bureau shall be responsible for administering the licensing and regulatory program established in this chapter. (b) The bureau shall approve classes…
   • § 6520 The bureau shall adopt, by regulation, a Professional Fiduciaries Code of Ethics. The Professional Fiduciaries Code of Ethics shall be consistent with all…
3. ARTICLE 3. Licensing §§ 6530–6543 · 16 sections

   • § 6530 (a) On and after January 1, 2009, no person shall act or hold themselves out to the public as a professional fiduciary unless that person is licensed as a…
   • § 6531 A professional fiduciary shall not operate with an expired, suspended, retired, canceled, or revoked license.
   • § 6532 Only a person who holds a current and active license from the bureau may identify themselves as a “licensed professional fiduciary.”
   • § 6533 In order to meet the qualifications for licensure as a professional fiduciary a person shall meet all of the following requirements: (a) Be at least 21 years…
   • § 6533.5 Criminal offender record information shall be obtained on each applicant as provided in this section. (a) Each applicant shall submit fingerprint images to the…
   • § 6534 (a) The bureau shall maintain the following information in each licensee’s file, shall make this information available to a court for any purpose, including…
   • § 6535 The bureau shall approve or deny licensure in a timely manner to applicants who apply for licensure. Upon approval of a license, the bureau shall notify the…
   • § 6536 The bureau shall review all applications for licensure and may investigate an applicant’s qualifications for licensure. The bureau shall approve those…
   • § 6537 The bureau may deny a license for the reasons specified in Section 480 or 6536. An applicant notified of the denial of his or her application for licensure…
   • § 6538 (a) (1) To qualify for licensure, an applicant shall have completed 30 hours of prelicensing education courses provided by an educational program approved by…
   • § 6539 As a requirement for licensure, an applicant shall take and pass the licensing examination administered by the bureau. The bureau shall determine the frequency…
   • § 6540 Individuals, entities, agencies, and associations that propose to offer educational programs qualifying for the prelicensing educational or continuing…
   • § 6541 (a) A license shall expire one year after it was issued on the last day of the month in which it was issued. (b) A license may be renewed by filing a renewal…
   • § 6541.1 (a) A license that is not renewed within three years following its expiration shall not be renewed, restored, or reinstated, and the license shall be canceled…
   • § 6542 (a) The bureau may establish, by regulation, a system for the placement of a license into retired status, upon application and submission to the bureau of a…
   • § 6543 (a) A person whose license has been revoked or surrendered may petition the bureau for reinstatement or reduction of penalty after a period of not less than…
4. ARTICLE 4. Practice Provisions §§ 6560–6563 · 6 sections

   • § 6560 A licensee shall keep complete and accurate client records, and shall make those records available for audit or review by the bureau upon request.
   • § 6561 (a) A licensee shall initially, and annually thereafter, file with the bureau a statement under penalty of perjury containing the following: (1) The licensee’s…
   • § 6561.5 (a) A licensee shall respond to any written inquiry relating to the investigation of a complaint against a licensee by the bureau within 30 calendar days. The…
   • § 6562 The annual statement shall be filed with the bureau 60 days prior to the expiration of the license as provided in subdivision (a) of Section 6541.
   • § 6562.5 (a) A licensee shall notify the bureau in writing of their intent not to renew their license and submit a final annual statement in accordance with Section…
   • § 6563 (a) On or before January 1, 2023, a licensee with an internet website shall post on that internet website a schedule or range of the licensee’s fees,…
5. ARTICLE 5. Enforcement and Disciplinary Proceedings §§ 6580–6584 · 8 sections

   • § 6580 (a) (1) The bureau may upon its own, and shall, upon the receipt of a complaint from any person, investigate the actions of a professional fiduciary, including…
   • § 6581 A licensee, or an agent working on behalf of a licensee, including an attorney, shall not bill a client or impose a fee on the estate or trust of a client for…
   • § 6581.1 Aiding or abetting an unlicensed person to evade the provisions of this chapter, or combining or conspiring with an unlicensed person, or allowing one’s…
   • § 6582 All proceedings against a licensee for any violation of this chapter or any regulations adopted by the bureau shall be conducted in accordance with the…
   • § 6582.2 (a) Notwithstanding Section 6582 and Section 11415.60 of the Government Code, the bureau may enter into a settlement with a licensee or applicant instead of…
   • § 6582.5 Notwithstanding Section 6582, if any violation occurs, in its discretion, the bureau may refer the case to the Attorney General or to the local district…
   • § 6583 The bureau shall establish a system of administrative citations and fines under Section 125.9 for violations of this chapter, the Professional Fiduciaries Code…
   • § 6584 A license issued under this chapter may be suspended, revoked, denied, or other disciplinary action may be imposed for one or more of the following causes: (a)…
6. ARTICLE 6. Revenue §§ 6590–6592 · 3 sections

   • § 6590 All fees collected by the bureau shall be paid into the Professional Fiduciary Fund in the State Treasury, which is hereby created. The money in the fund shall…
   • § 6591 The Professional Fiduciary Fund shall be the successor fund to those funds deposited under the Statewide Registry with the Department of Justice pursuant to…
   • § 6592 (a) The fee for a professional fiduciary examination and reexamination shall be set by the bureau through regulation at the amount necessary to recover the…