SECTIONS 6530-6541 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6530-6541

6530. (a) On and after January 1, 2009, no person shall act or hold
himself or herself out to the public as a professional fiduciary
unless that person is licensed as a professional fiduciary in
accordance with the provisions of this chapter.
(b) This section does not apply to a person licensed as an
attorney under the State Bar Act (Chapter 4 (commencing with Section
6000)).
(c) This section does not apply to a person licensed as, and
acting within the scope of practice of, a certified public accountant
pursuant to Chapter 1 (commencing with Section 5000) of Division 3.
(d) This section does not apply to a person enrolled as an agent
to practice before the Internal Revenue Service who is acting within
the scope of practice pursuant to Part 10 of Title 31 of the Code of
Federal Regulations.

6531. No professional fiduciary shall operate with an expired,
suspended, or revoked license.

6532. A person who has been licensed by the bureau may identify
himself or herself 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 of age.
(b) Be a United States citizen, or be legally admitted to the
United States.
(c) Have not committed any acts that are grounds for denial of a
license under Section 480 or 6536.
(d) Submit fingerprint images as specified in Section 6533.5 in
order to obtain criminal offender record information.
(e) Have completed the required prelicensing education described
in Section 6538.
(f) Have passed the licensing examination administered by the
bureau pursuant to Section 6539.
(g) Have at least one of the following:
(1) A baccalaureate degree of arts or sciences from a college or
university accredited by a nationally recognized accrediting body of
colleges and universities or a higher level of education.
(2) An associate of arts or sciences degree from a college or
university accredited by a nationally recognized accrediting body of
colleges and universities, and at least three years of experience
working as a professional fiduciary or working with substantive
fiduciary responsibilities for a professional fiduciary, public
agency, or financial institution acting as a conservator, guardian,
trustee, personal representative, or agent under a power of attorney.
(3) Experience of not less than five years, prior to July 1, 2012,
working as a professional fiduciary or working with substantive
fiduciary responsibilities for a professional fiduciary, public
agency, or financial institution acting as a conservator, guardian,
trustee, personal representative, or agent under a power of attorney.
(h) Agree to adhere to the Professional Fiduciaries Code of Ethics
and to all statutes and regulations.
(i) Consent to the bureau conducting a credit check on the
applicant.
(j) File a completed application for licensure with the bureau on
a form provided by the bureau and signed by the applicant under
penalty of perjury.
(k) Submit with the license application a nonrefundable
application fee, as specified in this chapter.

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
Department of Justice for the purpose of obtaining criminal offender
record information regarding state and federal level convictions and
arrests, including arrests where the Department of Justice
establishes that the person is free on bail or on his or her own
recognizance pending trial or appeal.
(b) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a fitness
determination to the bureau.
(c) The Department of Justice shall provide a response to the
bureau pursuant to subdivision (p) of Section 11105 of the Penal
Code.
(d) The bureau shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code.
(e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.

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 the determination of the
appropriateness of appointing or continuing the appointment of, or
removing, the licensee as a conservator, guardian, trustee, or
personal representative, and shall otherwise keep this information
confidential, except as provided in subdivisions (b) and (c) of this
section:
(1) The names of the licensee's current conservatees or wards and
the trusts or estates currently administered by the licensee.
(2) The aggregate dollar value of all assets currently under the
licensee's supervision as a professional fiduciary.
(3) The licensee's current addresses and telephone numbers for his
or her place of business and place of residence.
(4) Whether the licensee has ever been removed for cause as a
conservator, guardian, trustee, or personal representative or has
ever resigned as a conservator, guardian, trustee, or personal
representative in a specific case, the circumstances causing that
removal or resignation, and the case names, court locations, and case
numbers associated with the removal or resignation.
(5) The case names, court locations, and case numbers of all
conservatorship, guardianship, or trust or other estate
administration cases that are closed for which the licensee served as
the conservator, guardian, trustee, or personal representative.
(6) Information regarding any discipline imposed upon the licensee
by the bureau.
(7) Whether the licensee has filed for bankruptcy or held a
controlling financial interest in a business that filed for
bankruptcy in the last 10 years.
(b) The bureau shall make the information in paragraphs (2), (4),
(6), and (7) of subdivision (a) available to the public.
(c) The bureau shall also publish information regarding licensees
on the Internet as specified in Section 27. The information shall
include, but shall not be limited to, information regarding license
status and the information specified under subdivision (b).

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 applicant of issuance of the license, and
shall issue a license certificate identifying him or her as a
"licensed professional fiduciary."

6536. The bureau shall review all applications for licensure and
may investigate an applicant's qualifications for licensure. The
bureau shall approve those applications that meet the requirements
for licensure, but shall not issue a license to any applicant who
meets any of the following criteria:
(a) Does not meet the qualifications for licensure under this
chapter.
(b) Has been convicted of a crime substantially related to the
qualifications, functions, or duties of a fiduciary.
(c) Has engaged in fraud or deceit in applying for a license under
this chapter.
(d) Has engaged in dishonesty, fraud, or gross negligence in
performing the functions or duties of a fiduciary, including engaging
in such conduct prior to January 1, 2009.
(e) Has been removed as a fiduciary by a court for breach of trust
committed intentionally, with gross negligence, in bad faith, or
with reckless indifference, or has demonstrated a pattern of
negligent conduct, including a removal prior to January 1, 2009, and
all appeals have been taken, or the time to file an appeal has
expired.

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 shall have the right to appeal to the
bureau as specified in Chapter 2 (commencing with Section 480) of
Division 1.5.

6538. (a) To qualify for licensure, an applicant shall have
completed 30 hours of prelicensing education courses provided by an
educational program approved by the bureau.
(b) To renew a license, a licensee shall complete 15 hours of
approved continuing education courses each year.
(c) The cost of any educational course required by this chapter
shall not be borne by any client served by a licensee.

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 with which the examination will be
given. The bureau shall also determine the frequency with which an
applicant for reexamination may sit for the examination. The bureau
shall administer the examination through a computer-based examination
process and may also administer the examination through other means.

6540. Individuals, entities, agencies, and associations that
propose to offer educational programs qualifying for the prelicensing
educational or continuing educational requirements of this chapter
shall apply for and obtain the approval of the bureau.

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 application with
the bureau, submitting the annual statement required by Section 6561,
submitting proof of the licensee's compliance with the continuing
education requirements of this chapter, and payment of the renewal
fee set by the bureau, provided that the licensee has not engaged in
conduct that would justify the bureau's refusal to grant the renewal.
Acts justifying the bureau's refusal to renew a license shall
include any of the following:
(1) Conviction of a crime substantially related to the
qualifications, functions, or duties of a fiduciary.
(2) Fraud or deceit in obtaining a license under this chapter.
(3) Dishonesty, fraud, or gross negligence in performing the
functions or duties of a professional fiduciary.
(4) Removal by a court as a fiduciary for breach of fiduciary duty
if all appeals have been taken or the time to file an appeal has
expired.