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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  The legislature repealed that law in 1967 and replaced it with the Model State Trademark Law drafted by the International Trademark Association ("INTA").  1967...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

Secretary Of State Makes Terminating LLCs More Convenient

In June 2017, the California Secretary of State announced the debut of Bizfile, an online portal to help businesses file, search, and order business records quickly and conveniently from one webpage.  Over the last year, the Secretary of State's...

California Secretary of State

Secretary Of State's Office To Be Tested In Implementing New Gender Quota Law

California's new law imposing gender quotas on boards of publicly held corporations imposes significant new responsibilities on the office of the California Secretary of State.  This will put the office in the difficult position of expending time...

California Secretary of State

State Has No Clue As To How Much Board Gender Mandate Will Cost

Several previous posts have highlighted a bill that would impose a gender mandate with respect to the boards of directors of publicly traded corporations that maintain their principal executive office in California.  Having passed out of both the...

California Secretary of State

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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
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