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Plenty of out of state call centers assume this is a California company issue. It is not. If you solicit buyers located in California, or call from California, you register with the Attorney General at least 10 days before doing business and keep a $100,000 bond in force. This is that bond, written on the Attorney General's own Form A.
Business and Professions Code 17511.12(a) requires every telephonic seller to maintain a $100,000 bond issued by a surety company admitted in California. The bond goes in with the Attorney General's telephonic seller registration, which carries a $50 filing fee, must be filed not less than 10 days before doing business in California, and is kept current with quarterly updates and annual renewals. The obligee on Telephonic Seller Surety Bond Form A (JUS 8775) is the State of California.
We can help with all California bonds!
The Attorney General treats a seller as doing business in California if it solicits prospective purchasers from California locations or solicits prospective purchasers located in California. Where the seller is incorporated or headquartered does not change that. Registration and the bond have to be on file at least 10 days before the first solicitation.
Section 17511.1 of the Business and Professions Code lists a long set of exclusions from the definition of telephonic seller. Among them are licensed real estate brokers and agents, licensed contractors, insurance licensees, certain securities and franchise offerings, newspaper and magazine solicitations, calls to previous customers, sales that are finished at a later face to face meeting, supervised financial institutions, cable television systems, businesses regulated by the Public Utilities Commission, licensed money transmitters and residential mortgage lenders, and qualifying nonprofits incorporated 25 years or more. Each exemption has its own conditions, so read the section before relying on one.
Section 17511.12(b) adds a separate requirement. A seller offering a premium valued at $500 or more must notify the Attorney General at least 10 days in advance and maintain an additional bond equal to the premium's current market value or advertised value, whichever is greater. The $100,000 bond does not cover that obligation.
The Attorney General, a district attorney, a city attorney or a consumer can file a motion to enforce liability on the bond. The surety stays liable for two years after the later of cancellation of the bond, the seller ceasing business, or termination of the registration.
Yes, if you solicit prospective purchasers located in California. The Attorney General counts that as doing business in the state.
It is the base bond. A premium offer valued at $500 or more requires an additional bond equal to the greater of the premium's current market value or advertised value, plus 10 days advance notice to the Attorney General.
The registration, with the bond, must be filed not less than 10 days before you do business in California.
The Attorney General, a district attorney, a city attorney or a consumer can file a motion to enforce liability on the bond under section 17511.12.
No. The surety remains liable for two years after the later of bond cancellation, the seller ceasing business, or termination of the registration.
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