Finance Lenders: It's Time To Pay Your Annual Assessment

The California Financing Law requires each licensed lender, broker, and program administrator licensee to pay its pro rata share of all costs and expenses of the administration of the law, as estimated by the Commissioner, for the ensuing year and...

California Legislates Covid-19 Orthodoxy

Three millennia ago, the Egyptians began the practice of treating disease by the letting of blood.  Bloodletting became an accepted practice worldwide.  King Charles II and George Washington both endured bloodlettings.  In the 1800s, Dr. Hughes Bennett...

No Change Is Not An Option For 2023 LLC Filings

In April, I wrote about AB 2431 which modifies the statement of information a statement requirement for LLCs.  In 2020, the legislature enacted AB 3075 (Gonzalez) to require that statements of information filed with the California Secretary of State...

When A Business Trust Might Also Be A Foreign Corporation

I recently wrote about the California Supreme Court's decision not to decide whether a bumblebee is a fish. It there fore may be no surprise that in California a business trust may be a foreign corporation. Corporations Code Section 170 defines a...

The Legislature Has Recessed But Can It Still Pass Bills?

Because this is the second year of California's current legislative biennium, the legislature went into final recess on August 31. J.R. 51(b)(3). This does not mean, however, that the legislature has adjourned. A recess is a temporary suspension of...

Governor Newsom Nixes Digital Financial Assets Licensing Bill

Last week, Governor Gavin Newsom vetoed AB 2269 (Grayson) which would have created a "Digital Financial Assets Law" to be administered by the Department of Financial Protection & Innovation.  The Governor in his veto message asserted that it would...

When Will A Single Manager's Signature Suffice?

California's Limited Liability Company Act provides that when an LLC is a manager-managed limited liability company, as defined in Corp. Code § 17701.03(o), every manager is an agent of the LLC for purposes of its business or affairs. Cal. Corp....

California Supreme Court Declines To Decide Whether A Bumble Bee Is A Fish

In June, I and many others took note of an opinion issued by the California Court of Appeal that concluded a bumble bee could be designated as a fish as defined by Section 45 of the California Fish & Game Code. Almond All. of California v. Fish &...

What's Misleading About "Leading"?

In this post yesterday, John Jenkins took aim at issuer's that characterize themselves as "leading".  He notes that the SEC Staff has and continues to comment on such characterizations.  I think that in some casesthese comments are a waste of time...