Under Section 1030 of the California Code of Civil Procedure, a defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be...
Foreign Corporations Filing Actions In California May Be Required To Post Bonds When Domestic Corporations Are Not
Posted on September 05, 2024
How Will The Secretary Of State Know A Corporation's Purpose?
Posted on March 21, 2024
Yesterday I wrote about my concern that about the constitutionality of SB 1168 (Limón). This bill would allow the California Secretary of State to cancel the articles of incorporation or the filing of a statement and designation by a foreign...
Does Bill Authorizing The Secretary Of State To Cancel Corporations Have An Illegitimate Purpose?
Posted on March 20, 2024
California Proposes Its Own Corporate Transparency Act For Non-California Corporations And Limited Liability Companies
Posted on March 23, 2023
Earlier this week, Senator Melissa Hurtado amended her placeholding bill, SB 738, to flesh out her proposed Corporate Transparency Act. As amended, the bill would require foreign corporations that register to transact intrastate business with the...
In This Case It May Have Been Better To Have Never Registered At All
Posted on November 29, 2022
Section 2105 of the California Corporations Code prohibits a foreign corporation from transacting intrastate business in California without having first registered with the California Secretary of State. A foreign corporation that does not transact...
Does A State Have Personal Jurisdiction When The Plaintiff, Defendant And Incident Are Outside The State?
Posted on November 23, 2022
After contracting colon cancer, Robert Mallory sued Norfolk Southern in the Pennsylvania Court of Common Pleas under the Federal Employers’ Liability Act, alleging workplace exposure to carcinogens. Even though Mr. Mallory filed suit in...
When A Business Trust Might Also Be A Foreign Corporation
Posted on September 29, 2022
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...
A "New Fine Question" For This Proxy Season
Posted on February 03, 2022
Another Example Of California Imposing Its Will On Foreign Corporations
Posted on November 23, 2021
As has been discussed many times in this space, the California General Corporation law purports to govern foreign corporations in a number of respects. One such provision is Section 208 of the Corporations Code which apples to:
