California Corporate & Securities Law

Yesterday, Commissioner Preston DuFauchard proposed further clarifications to the text of a proposed rule intended to respond to the California Court of Appeal's decision in People v. Cole, 156 Cal.App.4th 452 (2007). That decision engendered...

The Department of Corporations' jurisdiction is not limited to the Corporate Securities Law of 1968. In fact, it has an entire division dedicated to financial services regulation. The Department's Financial Services Division, or FSD, has...

Last Thursday, Governor Arnold Schwarzenegger signed SB 392 (Florez) into law.  This bill authorizes the Contractors’ State License Board, commencing no later than January 1, 2012, to issue a contractor’s license to a limited liability company.

Last week, I expressed surprise in this post about the California Public Employees Retirement System's recent announcement that it plans to abstain on a proposal by Massey Energy Company to jettison cumulative voting. My surprise was based on the...

Many lawyers have received calls from clients asking about notices that they have received regarding state and local government filings. Sometimes, these notices warn that corporate minutes must be prepared. Other notices request information...

Yesterday, Governor Arnold Schwarzenegger signed AB 1743 (Hernandez). As discussed in previous posts, this bill will required placement agents for funds and advisers seeking access to CalPERS to register as lobbyists. As such, they will not be able...

California has a strong historical bias in favor of cumulative voting in the election of directors. In fact, California's 1879 Constitution enshrined cumulative voting as a constitutional right. Cal. Const. of 1879, Art. XII, § 12 (repealed). The...

Yesterday, Governor Arnold Schwarzenegger signed into law SB 1155 (Dutton). This bill amends California's unique Capital Access Company Law. That law was enacted to take advantage of the exemption set forth in Section 6(a)(5)(A) of the Investment...

As has been discussed in earlier posts, Section 413(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires the exclusion of the value of an investor's primary residence for purposes of the net worth determination under...