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California Foreign Corporations

Allen Matkins

Are Many Nasdaq Global Select Corporations Subject To The California General Corporation Law?

Allen Matkins on

Only a few publicly traded corporations are incorporated in California.  Most either started life in Delaware or later decamped to that state (and more recently other states).  Nonetheless, many of these corporations have...more

Allen Matkins

Is Registration As A Foreign Corporation A Form Of Compelled Consent?

Allen Matkins on

Not too long ago, I wrote about a bill that is currently pending in the Nevada legislature, AB 158.  This bill would authorize Nevada courts to exercise general personal jurisdiction over entities on the sole basis that the...more

Weintraub Tobin

Disclosure Obligations Never Cease for California Healthcare Providers: A Roundup of Recent Legal Developments

Weintraub Tobin on

Corporate Transparency Act Updates as Compliance Deadline Looms; Longer Disclosure Period and Public Hearing Now Required for Maternity/Psych Unit Closures; and California Governor Vetoes Healthcare Transaction AG Approval...more

Allen Matkins

Foreign Corporations Filing Actions In California May Be Required To Post Bonds When Domestic Corporations Are Not

Allen Matkins on

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...more

Perkins Coie

Proposed CA Legislation Would Impose FARA-like Requirements on Agents of Foreign Entities and Subsidiaries

Perkins Coie on

The California State Assembly is considering legislation to impose registration requirements on agents of foreign principals who advocate before California officials. The legislation comes while the U.S. Department of Justice...more

Allen Matkins

Does Bill Authorizing The Secretary Of State To Cancel Corporations Have An Illegitimate Purpose?

Allen Matkins on

Recently, I wrote that California Senator Monique Limón had introduced legislation, SB 1186, that would allow the Secretary of State to cancel the articles of incorporation or the filing of a statement and designation by a...more

Cozen O'Connor

Cozen Cities - January 31, 2024

Cozen O'Connor on

CHICAGO — Chicago Rideshare Drivers Looking for Safety Solutions- Chicago Gig Alliance organizer Lori Simmons is leading the charge in demanding city officials take action in response to a rash of recent rideshare driver...more

Allen Matkins

California's Narrow Codification Of The Internal Affairs Doctrine

Allen Matkins on

It is sometimes said that California Corporations Code section 2116 "codifies" the internal affairs doctrine.  See, e.g.,  Drulias v. 1st Century Bancshares, Inc., 30 Cal. App. 5th 696, 705, 241 Cal. Rptr. 3d 843, 851...more

Allen Matkins

You Won't Find The Answers To These Questions In The California General Corporation Law

Allen Matkins on

I am often struck by the fact that the California General Corporation Law simply fails to address many very basic questions of corporate law and procedure, including the following...more

Allen Matkins

California Proposes Its Own Corporate Transparency Act For Non-California Corporations And Limited Liability Companies

Allen Matkins on

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...more

Allen Matkins

California Bill Would Require CEOs to Disavow "Foreign Influence"

Allen Matkins on

Yesterday's post discussed a recently introduced bill that would amend California's Political Reform Act of 1974, among other things, to prohibit contributions by a "foreign-influenced business entity", as defined, in...more

Allen Matkins

Legislator Proposes Ban On Foreign-Influenced Business Entity Contributions

Allen Matkins on

The California legislature is currently in recess and is scheduled to reconvene on January 4.  However, some bills have already been introduced, including AB 83 (Lee & Kalra), which would enact the "Get Foreign Money Out of...more

Allen Matkins

In This Case It May Have Been Better To Have Never Registered At All

Allen Matkins on

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...more

Allen Matkins

Less Cumbrous Conversions In Sight For California Corporations

Allen Matkins on

Conversions will soon be less cumbrous for California corporations.  Current law authorizes various types of California business entities to convert in a one-step process into business entities organized under the laws of...more

Allen Matkins

If California's Pork Law Falls, Will Section 2115 Be Next?

Allen Matkins on

This week, the U.S. Supreme Court heard oral arguments in National Pork Producers Council v. Ross (Docket No. 21-468).  The case involves a challenge to 2018 proposition that, among other things, forbids the sale of "any...more

Allen Matkins

When A Business Trust Might Also Be A Foreign Corporation

Allen Matkins on

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...more

Allen Matkins

This California LLC Statute Entirely Bungles The Internal Affairs Doctrine

Allen Matkins on

At first glance, California Corporations Code Section 17708.01(a) appears to be a rather straightforward enunciation of the "internal affairs doctrine" as applied to foreign limited liability companies...more

Allen Matkins

Court Insists No Standing In LLC Derivative Actions Without Continuous Ownership

Allen Matkins on

Derivative actions by members of domestic or foreign limited liability companies are governed by Section 17709.02 of the California Corporations Code.  That statutes provides that “no action shall be instituted or maintained...more

Allen Matkins

Section 2115's Peculiar Consolidation Rule

Allen Matkins on

Section 2115 of the California Corporations Code famously purports to impose numerous provisions of the General Corporation Law on foreign corporations if two tests are met.  One of these tests, the so-called "business...more

Allen Matkins

How California's Clean Energy Fund Has Made Applying California's Pseudo-Foreign Corporation Law More Difficult

Allen Matkins on

In 2012, the voters of California approved Proposition 39 which established a Clean Energy Fund for the purpose of "funding projects that create jobs in California improving energy efficiency and expanding clean energy...more

Allen Matkins

The Curious Case Of The Unregistered Foreign LLC

Allen Matkins on

I recently came across and was baffled by the following decision...more

Allen Matkins

Why No Change Is Not An Option

Allen Matkins on

California permits foreign and domestic corporations to file a statement of statement of "No Change" (Form SI 550NC) if the following three conditions are met...more

Allen Matkins

Another Example Of California Imposing Its Will On Foreign Corporations

Allen Matkins on

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...more

Allen Matkins

How To Determine Whether A Foreign Corporation Is A "Pseudo-Foreign" Corporation

Allen Matkins on

California famously purports to impose numerous provisions of its General Corporation Law on corporations formed in other states when two tests are met.  Cal. Corp. Code § 2115.  The first of these tests is determined by...more

Allen Matkins

Schrödinger's Cat And Merging Into A Foreign Corporation

Allen Matkins on

When a California corporation merges into a foreign corporation, the merger becomes effective in accordance with the law of the jurisdiction in which the surviving corporation is organized.  In California, the merger will be...more

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