ARTICLE 3. Licensing [6530. - 6543.]

Cal. Business and Professions Code - BPC 3.

in effect

Cal. Business and Professions Code - BPC § 6530. Section 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 professional fiduciary in accordance with 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 only when acting within the scope of practice pursuant to Part 10 of Title 31 of the Code of Federal Regulations. Actions taken by an enrolled agent, when serving as a fiduciary, which are beyond the scope of their license to practice as an enrolled agent is unlicensed activity and subject to discipline under Section 146 unless the enrolled agent is also licensed as a professional fiduciary in accordance with this chapter.

Cal. Business and Professions Code - BPC § 6531. Section 6531.

A professional fiduciary shall not operate with an expired, suspended, retired, canceled, or revoked license.

Cal. Business and Professions Code - BPC § 6532. Section 6532.

Only a person who holds a current and active license from the bureau may identify themselves as a “licensed professional fiduciary.”

Cal. Business and Professions Code - BPC § 6533. Section 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) Have not committed any acts that are grounds for denial of a license under Section 480 or 6536. (c) Submit fingerprint images as specified in Section 6533.5 in order to obtain criminal offender record information. (d) Have completed the required prelicensing education described in Section 6538. (e) Have passed the licensing examination administered by the bureau pursuant to Section 6539. (f) 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 with either of the following substantive fiduciary responsibilities: (A) Serving as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501. (B) Working for a professional fiduciary, a public agency, or a financial institution acting as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501. (3) At least five years of experience with either of the following substantive fiduciary responsibilities: (A) Serving as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501. (B) Working for a professional fiduciary, a public agency, or a financial institution acting as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501. (g) Agree to adhere to the Professional Fiduciaries Code of Ethics and to all statutes and regulations. (h) Consent to the bureau conducting a credit check on the applicant. (i) 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. (j) Submit with the license application a nonrefundable application fee, as specified in this chapter.

Cal. Business and Professions Code - BPC § 6533.5. Section 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.

Cal. Business and Professions Code - BPC § 6534. 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, continuing the appointment of, or removing, the licensee as a conservator, guardian, trustee, personal representative of decedent’s estate, agent under a durable power of attorney for health care, agent under a durable power of attorney for finances, or a position arising from an appointment as a professional fiduciary practice administrator, 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, wards, principals under a durable power of attorney for health care, or principals under a durable power of attorney for finances, and the names of the trusts or estates currently administered by the licensee, whether the case is court supervised or non-court supervised. (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 their place of business and place of residence. (4) Whether the licensee has ever been removed for cause as a conservator, guardian, trustee, personal representative of a decedent’s estate, agent under a durable power of attorney for health care, or agent under a durable power of attorney for finances, or has ever resigned or settled a matter in which a complaint against the licensee has been filed with the court as a conservator, guardian, trustee, personal representative of a decedent’s estate, agent under a durable power of attorney for health care, or agent under a durable power of attorney for finances, or a position arising from an appointment as a professional fiduciary practice administrator, in a specific case. (5) The circumstances causing a removal or resignation described in paragraph (4) and the case names, court locations, and case numbers associated with the removal or resignation. (6) The case names, court locations, and case numbers of all conservatorship, guardianship, trust, or other estate administration cases that are closed for which the licensee served as the conservator, guardian, trustee, agent under a durable power of attorney for finance or health care, personal representative of a decedent’s estate, or professional fiduciary practice administrator, whether the case is court supervised or non-court supervised. (7) Information regarding any discipline imposed upon the licensee by the bureau. (8) 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), (7), and (8) 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).

Cal. Business and Professions Code - BPC § 6535. Section 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.”

Cal. Business and Professions Code - BPC § 6536. Section 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.

Cal. Business and Professions Code - BPC § 6537. Section 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.

Cal. Business and Professions Code - BPC § 6538. Section 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 the bureau. (2) Beginning January 1, 2023, the prelicensing education courses shall include at least one hour of instruction in cultural competency. (b) (1) To renew a license, or to restore a license from retired status to active status, a licensee shall complete 15 hours of approved continuing education courses each annual renewal cycle. (2) Beginning January 1, 2023, as part of the approved continuing education courses required by paragraph (1), a licensee shall complete at least two hours of instruction in ethics, two hours of instruction in cultural competency, or two hours of instruction in both ethics and cultural competency every annual renewal cycle. (c) The cost of any educational course required by this chapter shall not be borne by any client served by a licensee. (d) For purposes of this section, “cultural competency” means understanding and applying cultural and ethnic data to the process of providing services that includes, but is not limited to, information on the appropriate services for the lesbian, gay, bisexual, transgender, and intersex communities, ethnic communities, and religious communities.

Cal. Business and Professions Code - BPC § 6539. Section 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.

Cal. Business and Professions Code - BPC § 6540. Section 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.

Cal. Business and Professions Code - BPC § 6541. Section 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.

Cal. Business and Professions Code - BPC § 6541.1. Section 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 immediately upon expiration of the three-year period. (b) A canceled license may be reinstated if the applicant satisfies all of the following requirements: (1) Submits an application for licensure and fulfills all application requirements pursuant to Section 6533. (2) Completes 15 hours of continuing education during the preceding calendar year in addition to any educational requirements specified in Section 6533. (3) Submits fingerprint images as specified in Section 6533.5 in order to obtain criminal offender record information. (4) Passes the licensing examination pursuant to Section 6539. (5) Not subject to denial of licensure pursuant to Section 480.

Cal. Business and Professions Code - BPC § 6542. Section 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 statement as required by Section 6561, for a professional fiduciary who is not actively engaged in the practice of a professional fiduciary or any activity that requires them to be licensed by the bureau. (b) The bureau shall deny an applicant’s application to place a license in retired status if the license is subject to an outstanding order of the bureau, suspended, placed on probation, revoked, or otherwise restricted by the bureau, or subject to disciplinary action under this chapter. (c) The holder of a retired license shall not be required to renew that license or submit an annual statement pursuant to Section 6561. (d) The bureau shall establish minimum qualifications to place a license in retired status. (e) The bureau shall establish minimum qualifications for the restoration of a license from retired status to active status. These minimum qualifications shall include, but are not limited to, completion of continuing education hours as provided in subdivision (b) of Section 6538, submission of a statement as provided in subdivision (a) of Section 6561, and payment of a fee as provided in subdivision (e) of Section 6592.

Cal. Business and Professions Code - BPC § 6543. Section 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 one year has elapsed from the effective date of the decision or from the date of the denial of a similar petition. The director may specify a longer period that must elapse, not to exceed three years, in any decision revoking the license, accepting the surrender of the license due to pending disciplinary action, or denying reinstatement of the license. (b) A person whose license has not been revoked or surrendered but who has been disciplined by imposition of a suspension or otherwise disciplined may petition the bureau for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision. (c) The director shall rule on the petition and impose any terms and conditions that the director reasonably deems appropriate as a condition of reinstatement or reduction of penalty, including, but not limited to, issuing a probationary license or requiring additional continuing education prior to reinstatement.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026