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 & 171....
Qualifying Your Delaware Trust In California
Posted on October 15, 2019
This Is One California Filing That A Foreign Corporation May Want To Make
Posted on July 24, 2019
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 of...
Publicly Held Corporations and Publicly Traded Corporations - Non Bis In Idem?
Posted on July 11, 2019
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...
Why The Mandated Report On Female Directors Fails To Provide Meaningful Information
Posted on July 03, 2019
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...
U.S. Supreme Court Holding May Further Doom California's Model State Trademark Act
Posted on June 25, 2019
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 The legislature repealed that law in 1967 and replaced it with the Model State Trademark Law drafted by the International Trademark Association ("INTA"). 1967 Cal....
Did The Secretary Of State Break The Law By Amending The Corporate Disclosure Form?
Posted on March 05, 2019
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...
Secretary Of State Modifies Corporate Disclosure Form In Response To Gender Quota Law
Posted on March 04, 2019
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...
Secretary Of State Makes Terminating LLCs More Convenient
Posted on January 02, 2019
Secretary Of State's Office To Be Tested In Implementing New Gender Quota Law
Posted on October 09, 2018
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 and...
