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Secretary Of State Seeks To Rework Entity Name Requirements While Retaining Ineluctable Incertitude

Ten years ago today, I penned an opinion piece decrying the inconsistencies of California's statutory requirements for entity names.  

"A Large part of California's business naming problem is due to the fact that the Legislature has enacted...

California Corporations Code, California Secretary of State

Has The Secretary Of State Missed The Mark In Defining "Publicly Held Corporation"?

 

Yesterday, I noted that the California Secretary of State's office is mailing reminder letters to certain "publicly held" and "publicly traded" corporations.  The letter explains that these are two different categories:

"Publicly held...

California Secretary of State

Secretary of State Mails Corporate Filing Reminder

The California Secretary of State's business programs division is reminding some corporations of their annual filing obligation and California's new female director quota legislation.  The reminder is being mailed to corporations that the Secretary...

California Secretary of State

Qualifying Your Delaware Trust In California

Yesterday, I wrote that the California General Corporation Law defines "foreign corporation" to include, for some but not all purposes, business associations organized as trusts under the laws of a foreign jurisdiction.  Cal. Corp. Code §§ 170 &...

California Secretary of State

This Is One California Filing That A Foreign Corporation May Want To Make

A foreign corporation that transacts intrastate business in California must first obtain a certificate of qualification from the California Secretary of State by filing a statement of designation.  Cal. Corp. Code § 2105(a).  One collateral benefit...

California Secretary of State

Publicly Held Corporations and Publicly Traded Corporations - Non Bis In Idem?

California's new female director quota requirement applies to publicly held domestic or foreign corporations with their principal executive offices located in California.  Cal. Corp. Code §§ 301.3 & 2115.5.  California's older Public Disclosure Act...

California Secretary of State

Why The Mandated Report On Female Directors Fails To Provide Meaningful Information

As noted yesterday, the California Secretary of State published a report on its website concerning publicly domestic or foreign corporations with principal executive offices are located in California.  This report was required to document the number...

California Secretary of State

U.S. Supreme Court Holding May Further Doom California's Model State Trademark Act

California has had a trademark law on its books since 1941.  1941 Cal. Stats. Ch. 58.  The legislature repealed that law in 1967 and replaced it with the Model State Trademark Law drafted by the International Trademark Association ("INTA").  1967...

California Secretary of State

Did The Secretary Of State Break The Law By Amending The Corporate Disclosure Form?

California's Administrative Procedure Act requires that a state agency follow a rigorous notice and comment process when adopting a regulation.  Although the APA broadly defines "regulation", forms are excepted.  Gov't Code §11340.9(c).  This...

California Secretary of State

Secretary Of State Modifies Corporate Disclosure Form In Response To Gender Quota Law

California's gender quota law took effect on January 1 of this year.  Cal. Stats. 2018, Ch. 954 (SB 826 (Jackson)).  By December 31, 2019, a publicly held domestic or foreign corporation whose principal executive offices, according to the...

California Secretary of State

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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
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