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HomeCorporations CodeCh. 11§ 28705 Removal Of Unfit Personnel

§ 28705 Removal Of Unfit Personnel

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 28705 Removal Of Unfit Personnel

Key Takeaways

  • •If someone working for a licensed business breaks the rules, acts unsafely, or doesn't do their job honestly, they can be removed from their job.
  • •The boss (commissioner) can stop them from working in that business if their actions hurt the company, its investors, or if they made money in a bad way.
  • •The person must have done something really careless, dishonest, or dangerous to get fired this way.
  • •The person gets a warning and a chance to explain before being removed.

Example

A manager at a bank secretly takes money from customer accounts and puts it into their own pocket.

The manager broke the rules by stealing, which hurts the bank and its customers. The boss can fire the manager and stop them from working at any bank again because they were dishonest and caused big problems.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 28705 Removal Of Unfit Personnel

The commissioner may issue an order removing a subject person from that person’s office with the licensee, if any, and prohibiting that person from further participating in any manner in the conduct of the business of the licensee, if, after notice and a hearing, the commissioner finds all of the following: (a) (1) That the subject person of a licensee has violated a provision of this division or of any regulation or order issued under this division or any provision of any other applicable law; (2) That the subject person of a licensee has engaged or participated in any unsafe or unsound act with respect to the business of the licensee; or (3) That the subject person of a licensee has engaged or participated in any act which constitutes a breach of his or her fiduciary duty as a subject person. (b) (1) That the act, violation, or breach of fiduciary duty has caused or is likely to cause substantial financial loss or other damage to the licensee or the accredited investors of the licensee; or (2) That the act, violation, or breach of fiduciary duty has seriously prejudiced or is likely to seriously prejudice the interests of the licensee or the accredited investors of the licensee; or (3) That the subject person has received financial gain by reason of the act, violation, or breach of fiduciary duty. (c) That the act, violation, or breach of fiduciary duty either involves dishonesty on the part of the subject person or demonstrates the subject person’s gross negligence with respect to the business of the licensee or a willful disregard for the safety and soundness of the licensee. (Added by Stats. 1998, Ch. 668, Sec. 3. Effective January 1, 1999. Operative July 1, 1999, by Sec. 4 of Ch. 668.)

Last verified: January 23, 2026

Key Terms

commissionersubject personlicenseefiduciary dutygross negligencewillful disregard

Related Statutes

  • § 28703 Cease And Desist Orders
  • § 28704 Cease And Desist Orders
  • § 28710 License Suspension Or Revocation
  • § 28711 Emergency License Suspension
  • § 28714 Commissioner Emergency Licensee Takeover

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 28705.
View Official Source