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Governor Signs Bill Narrowing Grounds For Business Entity Reinstatement

Over the years, I’ve received several calls asking what can be done when a business entity has been wrongfully terminated. Answering this question became a bit easier in 2006 with the enactment of AB 2588 (Runner) which...more

9/30/2014 - Business Interruption New Legislation Reinstatement Secretary of State

SB 1272 (NKA Proposition 49) – The Secretary of State

Last week, I wrote that Governor Brown had allowed SB 1272 to become law without his signature. To say that SB 1272 became law is an hyperbole because, as Governor Brown observed, the bill “has no legal effect whatsoever”. ...more

7/28/2014 - Ballot Measures Citizens United Citizens United v Federal Election Commission Constitutional Amendment New Legislation SCOTUS Secretary of State

Are Proper Names In A Language?

My last name is Bishop. In Spanish, it would be Obispo. If I included Obispo in a corporate name, would that be acceptable to the Secretary of State?...more

5/21/2014 - Business Formation English-Only Rules Secretary of State

In This Church Versus State Battle, The State Prevailed

Borrowing a bon mot from the riding arena, there are two kinds of California corporate lawyers, those who have had a filing rejected by the Secretary of State’s office and those that will. As almost every corporate lawyer in...more

9/6/2013 - Articles of Incorporation Catholic Church Churches Religion Secretary of State

Legislature Acts To Forestall Business Filings Götterdämmerung

Anyone who has submitted a business filing to the California Secretary of State’s office know that a serious problem exists. At present, the Secretary of State has 122,000 documents waiting to be filed. The delays are simply...more

5/9/2013 - Delays New Legislation Secretary of State

Legislature Imposes New Penalty On LLCs

As I discussed in this earlier post, “transacting intrastate business” is not the same as “doing business” in this state. Foreign corporations and limited liability companies must register with the Secretary of State if they...more

1/31/2013 - Filing Deadlines Foreign Corporations LLC Penalties Secretary of State Transacting Intrastate Business

Nevada Legislature May Prohibit The Establishment of Corporations For “Illicit Purposes”

Nevada’s legislature meets in regular session every other year for 12o consecutive calendar days. Nev. Const. Art. II, § 4 and NRS 218A.078. Although the 77th session does not start until February 4, legislators are already...more

1/14/2013 - Gambling Illicit Purposes Incorporation Prostitution Secretary of State

New Law Lets A Thousand Rules Bloom, But Only Quarterly

Under the Administrative Procedure Act, the Office of Administrative Law is responsible for the review of regulations promulgated by over 200 state agencies. In 2011, reportedly 103 different agencies proposed 467 new rules....more

1/3/2013 - Administrative Procedure Act Secretary of State

Changes In California Business Entity Filings Take Effect Next Week

The California Secretary of State has given notice of the following changes to business entity filings...more

12/28/2012 - Agents Foreign Corporations LLC Secretary of State Service of Process

Does The Victims Of Corporate Fraud Compensation Fund Deny Due Process?

In notorious defiance of the California Constitution, the legislature in 2002 established the Victims of Corporate Fraud Compensation Fund. See Victims of Corporate Fraud. The purpose of the fund is to provide ”restitution to...more

12/19/2012 - Corporate Fraud Due Process Restitution Secretary of State Victims Of Corporate Fraud Compensation Fund

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