News & Analysis as of

Publicly-Traded Companies Secretary of State

Allen Matkins

Don't Lose Sight Of these Cryptic Articles

Allen Matkins on

The California Secretary of State's online Business Search is easy to use and provides quick access to key corporate documents.  According to the Secretary of State, Business Search provides free access to PDF copies over 17...more

Allen Matkins

What Can Be Done If You Believe That You Were Improperly Appointed An Officer Or Director

Allen Matkins on

On occasion, someone might perceive that they have been improperly  appointed as a director or officer of a corporation.  If this unfortunate circumstance occur, is there any mechanism for publicly disclaiming the...more

Allen Matkins

Can Your Corporation's Or LLC's Name Be An Emoji?

Allen Matkins on

The word "emoji" is the romanization of two Japanese words (絵 and 文字) that together mean picture character.   Emojis essentially marry an ancient form of writing, pictography, to a modern technology, smart phones....more

Allen Matkins

Federal Court Rules California Board Quota Law Unconstitutional

Allen Matkins on

A little over a year ago, I wrote that California Superior Court Judge Terry Green had found that AB 979 facially violates the Equal Protection Clause of the California Constitution,  Cal. Const. Art. I, § 7.  Crest v....more

Allen Matkins

California Proposes Its Own Corporate Transparency Act For Non-California Corporations And Limited Liability Companies

Allen Matkins on

Earlier this week, Senator Melissa Hurtado amended her placeholding bill, SB 738, to flesh out her proposed Corporate Transparency Act.  As amended, the bill would require foreign corporations that register to transact...more

Allen Matkins

California Bill Would Require Climate-Related Financial Risk Reports

Allen Matkins on

On Monday, four California state senators introduced a bill, SB 261, that would require businesses to prepare and submit climate-related financial risk reports.  The bill would apply to any corporation or other business...more

Allen Matkins

SEC Doesn't Define It, But Insists That Every Issuer Have One

Allen Matkins on

This spring, John Jenkins reported that the Securities and Exchange Commission staff now declines to declare effective a registration statement if the issuer does not provide a physical address on the cover page of its...more

Allen Matkins

For A Limited Time Only - California Is Giving Away Corporations, LLCs And More!

Allen Matkins on

 As a result of the recent enactment of California's 2022-2023 Budget Bill, the California Secretary of State's office as announced a temporary waiver of many business entity filing fees.  This waiver will last until June 30,...more

Wilson Sonsini Goodrich & Rosati

Court Rules Against California's Mandated Underrepresented Communities Board Diversity Law

On April 1, 2022, a Superior Court judge in Los Angeles struck down California's landmark legislation requiring representation of "underrepresented communities" on the boards of publicly held companies based in California....more

Allen Matkins

Plaintiffs Prevail In Constitutional Challenge To California Board Quota Law

Allen Matkins on

This afternoon, Judge Terry Green granted the plaintiff's summary judgment motion in a case challenging the constitutionality of AB 979.  Crest v. Padilla, LA Super. Ct. Case No. 20STCV37513...more

Allen Matkins

California To Transition To Enhanced Bizfile

Allen Matkins on

The Business Programs Division is the largest division of the California Secretary of State's office.  Each year, the Business Programs Division processes millions of business filings and information requests each year. ...more

Allen Matkins

California Secretary of State's Report Highlights California's Want of Appeal

Allen Matkins on

The California Secretary of State has recently published her report under California's statutes imposing gender and racial/ethnic quotas on the boards of directors of publicly held corporations having their principal...more

Allen Matkins

A "New Fine Question" For This Proxy Season

Allen Matkins on

In consequence of the enactment of AB 3025 in 2020, the California Secretary of State has added a new question to the Statement of Information (Form SI-550) required to be filed annually by California stock, agricultural...more

Allen Matkins

What Is And Is Not Mandatory With Respect To California's Female Director Quota Law

Allen Matkins on

On Monday, I noted that because California's female director quota law uses the word "shall", it is mandatory.  Confused?  Here's how I break down the law...more

Allen Matkins

Does A Statutory Fine Constitute A "Threat"?

Allen Matkins on

As the trial of of the constitutionality of SB 826, California's female director quota, law continues, the question of the plaintiffs' standing remains in contention.  As I reported in June of last year, Judge Maureen...more

Allen Matkins

Secretary Of State Argues SB 826 Does Not Require An Impermissible Quota

Allen Matkins on

SB 826 is scheduled to go on trial today before Los Angeles Superior Court Judge Maureen Duffy-Lewis.  Crest v. Weber, Cal. Super. Ct. Case No. 19STCV27561.   SB 826 requires all publicly held corporations headquartered in...more

Allen Matkins

Challenges To California Director Quota Law Keep Coming

Allen Matkins on

It should be a surprise to no one that California's laws imposing strict gender and diversity requirements on publicly held corporations continue to attract legal challenges.  Tomorrow, a trial is scheduled to begin in...more

Allen Matkins

PEO Versus PPB

Allen Matkins on

California's female and underrepresented community board quota statutes apply to publicly held corporations having their principal executive offices in California "according to the corporation's SEC 10-K form".  Cal. Corp....more

Allen Matkins

Secretary Of State Claims "Round Robin" Board Selection Process Solves Discrimination

Allen Matkins on

In seeking dismissal of a federal court challenge to California's director quota mandates, the California Secretary of State argues "SB 826 and AB 979 guarantees that a corporation can appoint new directors through a race-...more

Allen Matkins

Does The Secretary Of State Misapprehend California's Board Quota Requirement?

Allen Matkins on

As noted in prior posts, the Secretary of State has filed a motion to dismiss a federal court challenge to California's director quota laws (SB 826 and AB 979).   The Secretary's brief includes several remarkable and...more

Allen Matkins

State Seeks Dismissal Of Federal Court Challenge To California Quota Laws

Allen Matkins on

In July, a Texas non-profit membership association filed a complaint in the United States District Court for the Central District (Western Division) of California, Alliance For Fair Board Recruitment v. Weber, Case No....more

Allen Matkins

California's Female Director Quota Statute Is Now Headed For Trial

Allen Matkins on

California Superior Court Judge Maureen Duffy-Lewis issued her ruling yesterday on the parties' respective motions for summary judgment in Crest v. Padilla (Cal. Super. Ct. Case No. 19STCV27561).  In this case, the plaintiffs...more

Allen Matkins

Ruling May Be Imminent In Female Director Quota Challenge

Allen Matkins on

Readers may recall that there are at least two challenges to California's female director quota mandate (aka SB 826).  In June, the Ninth Circuit Court of Appeals resurrected one suit by holding that the challenger has...more

Allen Matkins

Must A Corporation Have A Physical Location?

Allen Matkins on

Gertrude Stein's  1933  book The Autobiography of Alice B. Toklas is well known.  Her 1937 sequel, Everybody's Autobiography, is not.  Despite the relative obscurity of Everybody's Autobiography, one line of the book is known...more

Allen Matkins

New Challenge Filed To California Board Quota Laws

Allen Matkins on

Earlier this month, a Texas non-profit membership association filed a complaint in the United States District Court for the Western District of California, Alliance For Fair Board Recruitment v. Weber, Case No....more

52 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide