Bill Text: CA AB1325 | 2011-2012 | Regular Session | Chaptered
Bill Title: Business filings: fictitious business name statements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-19 - Chaptered by Secretary of State - Chapter 368, Statutes of 2012. [AB1325 Detail]
Download: California-2011-AB1325-Chaptered.html
BILL NUMBER: AB 1325 CHAPTERED
BILL TEXT
CHAPTER 368
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2012
APPROVED BY GOVERNOR SEPTEMBER 19, 2012
PASSED THE SENATE AUGUST 13, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN SENATE JULY 2, 2012
AMENDED IN SENATE JUNE 19, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Lara
FEBRUARY 18, 2011
An act to amend, repeal, and add Sections 17913, 17916, 17922,
17923, 17927, and 17929 of the Business and Professions Code,
relating to business filings.
LEGISLATIVE COUNSEL'S DIGEST
AB 1325, Lara. Business filings: fictitious business name
statements.
Existing law requires a person transacting business in the state
under a fictitious name, as defined, to file, with the county clerk
of the county where the business is located, a statement including
specified information and to declare that the information is true and
correct. Under existing law, a registrant who declares as true
information that the registrant knows to be false, or otherwise
executes, files, or publishes any statement under these provisions,
knowing that the statement is false, is guilty of a misdemeanor
punishable by a fine not to exceed $1,000.
This bill would, beginning January 1, 2014, specify on the filing
form that a registrant who declares to be true any material matter
knowing it to be false is guilty of a misdemeanor punishable by that
penalty. The bill would require a registrant or an agent filing on
behalf of a registrant to present a California driver's license or
other personal government identification acceptable to the county
clerk to adequately determine the registrant's or agent's identity,
as specified. The bill would authorize the county clerk to require
the registrant to complete and sign an affidavit of identity
statement on a form prescribed by the county clerk, and would
authorize the county clerk to require an agent submitting the filings
on behalf of a registrant to also complete and sign an affidavit of
identity statement declaring that the registrant has authorized the
agent to make the filings on behalf of the registrant. The bill would
also require a registrant that is a corporation, limited liability
company, or limited liability partnership, and that is required by
the county clerk to file an affidavit of identity statement, to
submit with its affidavit a certificate of status issued by the
Secretary of State certifying to that business entity's existence and
good standing. The bill would also make conforming changes.
Because this bill would require an additional level of service
from a county clerk's office, this bill would create a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17913 of the Business and Professions Code is
amended to read:
17913. (a) The fictitious business name statement shall contain
all of the information required by this subdivision and shall be
substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT
The following person (persons) is (are) doing
business as
*_________________________________________________
at ** ___________________________________________:
***_______________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
This business is conducted by ****_______________
The registrant commenced to transact business
under the fictitious business name or names
listed above on
***** ________________________________
I declare that all information in this statement
is true and correct. (A registrant who declares
as true information which he or she knows to be
false is guilty of a crime).
Signed ________________________________
Statement filed with the County Clerk of ____
County on ________________________________________
NOTICE--IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A
FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS
FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY
CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE
IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE
STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE
RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS
NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE
IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE
RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION
14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b) The statement shall contain the following information set
forth in the manner indicated in the form provided by subdivision
(a):
(1) Where the asterisk (*) appears in the form, insert the
fictitious business name or names. Only those businesses operated at
the same address and under the same ownership may be listed on one
statement.
(2) Where the two asterisks (**) appear in the form: If the
registrant has a place of business in this state, insert the street
address, and county, of his or her principal place of business in
this state. If the registrant has no place of business in this state,
insert the street address, and county, of his or her principal place
of business outside this state.
(3) Where the three asterisks (***) appear in the form: If the
registrant is an individual, insert his or her full name and
residence address. If the registrants are a married couple, insert
the full name and residence address of both parties to the marriage.
If the registrant is a general partnership, copartnership, joint
venture, limited liability partnership, or unincorporated association
other than a partnership, insert the full name and residence address
of each general partner. If the registrant is a limited partnership,
insert the full name and residence address of each general partner.
If the registrant is a limited liability company, insert the name and
address of the limited liability company, as set out in its articles
of organization on file with the California Secretary of State, and
the state of organization. If the registrant is a trust, insert the
full name and residence address of each trustee. If the registrant is
a corporation, insert the name and address of the corporation, as
set out in its articles of incorporation on file with the California
Secretary of State, and the state of incorporation. If the
registrants are state or local registered domestic partners, insert
the full name and residence address of each domestic partner.
(4) Where the four asterisks (****) appear in the form, insert
whichever of the following best describes the nature of the business:
(i) "an individual," (ii) "a general partnership," (iii) "a limited
partnership," (iv) "a limited liability company," (v) "an
unincorporated association other than a partnership," (vi) "a
corporation," (vii) "a trust," (viii) "copartners," (ix) "married
couple" (x) "joint venture," (xi) "state or local registered domestic
partners," or (xii) "a limited liability partnership."
(5) Where the five asterisks (*****) appear in the form, insert
the date on which the registrant first commenced to transact business
under the fictitious business name or names listed, if already
transacting business under that name or names. If the registrant has
not yet commenced to transact business under the fictitious business
name or names listed, insert the statement, "Not applicable."
(c) The registrant shall declare that all of the information in
the statement is true and correct. A registrant who declares as true
any material matter pursuant to this section that he or she knows to
be false is guilty of a misdemeanor.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. Section 17913 is added to the Business and Professions
Code, to read:
17913. (a) The fictitious business name statement shall contain
all of the information required by this subdivision and shall be
substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT
The following person (persons) is (are) doing
business as
*_________________________________________________
at ** ___________________________________________:
***_______________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
This business is conducted by ****_______________
The registrant commenced to transact business
under the fictitious business name or names
listed above on
***** ________________________________
I declare that all information in this statement
is true and correct. (A registrant who declares
as true any material matter pursuant to Section
17913 of the Business and Professions Code that
the registrant knows to be false is guilty of a
misdemeanor punishable by a fine not to exceed
one thousand dollars ($1,000).)
Registrant ________________________________
signature
Statement filed with the County Clerk of ____
County on ________________________________________
NOTICE--IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A
FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS
FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY
CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE
IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE
STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE
RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS
NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE
IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE
RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION
14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b) The statement shall contain the following information set
forth in the manner indicated in the form provided by subdivision
(a):
(1) Where the asterisk (*) appears in the form, insert the
fictitious business name or names. Only those businesses operated at
the same address and under the same ownership may be listed on one
statement.
(2) Where the two asterisks (**) appear in the form: If the
registrant has a place of business in this state, insert the street
address, and county, of his or her principal place of business in
this state. If the registrant has no place of business in this state,
insert the street address, and county, of his or her principal place
of business outside this state.
(3) Where the three asterisks (***) appear in the form: If the
registrant is an individual, insert his or her full name and
residence address. If the registrants are a married couple, insert
the full name and residence address of both parties to the marriage.
If the registrant is a general partnership, copartnership, joint
venture, limited liability partnership, or unincorporated association
other than a partnership, insert the full name and residence address
of each general partner. If the registrant is a limited partnership,
insert the full name and residence address of each general partner.
If the registrant is a limited liability company, insert the name and
address of the limited liability company, as set out in its articles
of organization on file with the California Secretary of State, and
the state of organization. If the registrant is a trust, insert the
full name and residence address of each trustee. If the registrant is
a corporation, insert the name and address of the corporation, as
set out in its articles of incorporation on file with the California
Secretary of State, and the state of incorporation. If the
registrants are state or local registered domestic partners, insert
the full name and residence address of each domestic partner.
(4) Where the four asterisks (****) appear in the form, insert
whichever of the following best describes the nature of the business:
(i) "an individual," (ii) "a general partnership," (iii) "a limited
partnership," (iv) "a limited liability company," (v) "an
unincorporated association other than a partnership," (vi) "a
corporation," (vii) "a trust," (viii) "copartners," (ix) " a married
couple," (x) "joint venture," (xi) "state or local registered
domestic partners," or (xii) "a limited liability partnership."
(5) Where the five asterisks (*****) appear in the form, insert
the date on which the registrant first commenced to transact business
under the fictitious business name or names listed, if already
transacting business under that name or names. If the registrant has
not yet commenced to transact business under the fictitious business
name or names listed, insert the statement, "Not applicable."
(c) The registrant shall declare that all of the information in
the statement is true and correct. A registrant who declares as true
any material matter pursuant to this section that the registrant
knows to be false is guilty of a misdemeanor punishable by a fine not
to exceed one thousand dollars ($1,000).
(d) At the time of filing of the fictitious business name
statement, the registrant or agent filing on behalf of the registrant
shall present personal identification in the form of a California
driver's license or other government identification acceptable to the
county clerk to adequately determine the identity of the registrant
or agent filing on behalf of the registrant as provided in
subdivision (e) and the county clerk may require the registrant to
complete and sign an affidavit of identity statement. In the case of
a registrant utilizing an agent for submission of the registrant's
fictitious business name statement for filing, the county clerk may
also require the agent to complete and sign an affidavit of identity
statement declaring the registrant has authorized the agent to submit
the filing on behalf of the registrant.
(e) If the registrant is a corporation, a limited liability
company, or a limited liability partnership, an original certificate
of status issued by the Secretary of State certifying the current
existence and good standing of that business entity shall be deemed
acceptable and shall be attached to a completed affidavit of identity
statement, if required by the county clerk, for purposes of
subdivision (d).
(f) The county clerk may require a registrant that mails a
fictitious business name statement to a county clerk's office for
filing to submit a completed and notarized affidavit of identity
statement. A registrant that is a corporation, limited liability
company, or limited liability partnership, if required by the county
clerk to submit an affidavit of identity statement, shall also submit
an original certificate of status issued by the Secretary of State
certifying the current existence and good standing of that business
entity.
(g) A county clerk that chooses to establish procedures pursuant
to this section shall prescribe the form of affidavit of identity
statement for filing by a registrant or its agent in that county.
(h) This section shall become operative on January 1, 2014.
SEC. 3. Section 17916 of the Business and Professions Code is
amended to read:
17916. (a) Presentation for filing of a fictitious business name
statement, signed by the registrant, and one copy, accompanied by a
display of personal identification in accordance with Section 17913,
tender of the filing fee, and acceptance of the statement by the
county clerk constitute filing under this chapter. The county clerk
shall note on the copy the file number, the date of filing the
original, and the date of expiration and shall certify and deliver or
send the copy to the registrant.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 4. Section 17916 is added to the Business and Professions
Code, to read:
17916. (a) Presentation for filing of an original fictitious
business name statement and one copy of the statement, with proper
identification, accompanied by a completed affidavit of identity
statement, if required by the county clerk, and other documents
required in accordance with Section 17913, payment of the filing fee,
and acceptance of the statement by the county clerk constitute
filing under this chapter. The county clerk shall note on the copy
the file number, the date of filing the original, and the date of
expiration and shall certify and deliver the copy to the registrant
or the registrant's agent.
(b) This section shall become operative on January 1, 2014.
SEC. 5. Section 17922 of the Business and Professions Code is
amended to read:
17922. (a) Upon ceasing to transact business in this state under
a fictitious business name that was filed in the previous five years,
a person who has filed a fictitious business name statement shall
file a statement of abandonment of use of fictitious business name.
The statement shall be executed in the same manner as a fictitious
business name statement and shall be filed with the county clerk of
the county in which the person has filed his or her fictitious
business name statement. The statement shall be published in the same
manner as a fictitious business name statement and an affidavit
showing its publication shall be filed with the county clerk after
the completion of publication.
(b) The statement shall include:
(1) The name being abandoned and the street address of the
principal place of business.
(2) The date on which the fictitious business name statement
relating to the fictitious business name being abandoned was filed,
the file number, and the county where filed.
(3) In the case of an individual, the full name and residence
address of the individual.
(4) In the case of a married couple, the full name and residence
address of both parties to the marriage.
(5) In the case of a general partnership, a limited partnership,
copartners, a limited liability partnership, a joint venture, or an
unincorporated association other than a partnership, the full names
and residence addresses of all of the general partners.
(6) In the case of a corporation, the name and address of the
corporation as set forth in its articles of incorporation on file
with the California Secretary of State.
(7) In the case of a trust, the full name and residence address of
each of the trustees.
(8) In the case of a limited liability company, the name and
address of the limited liability company as set forth in its articles
of organization on file with the California Secretary of State.
(9) In the case of state or local registered domestic partners,
the full name and residence address of each domestic partner.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 6. Section 17922 is added to the Business and Professions
Code, to read:
17922. (a) Upon ceasing to transact business in this state under
a fictitious business name that was filed in the previous five years,
a registrant who has filed a fictitious business name statement
shall file a statement of abandonment of use of fictitious business
name. The statement of abandonment shall be executed in the same
manner as a fictitious business name statement, excluding the
requirements of subdivisions (d), (e), and (f) of Section 17913 and
shall be filed with the county clerk of the county in which the
registrant has filed the fictitious business name statement. The
statement shall be published in the same manner as a fictitious
business name statement and an affidavit showing its publication
shall be filed with the county clerk after the completion of
publication.
(b) The statement shall include:
(1) The name being abandoned and the street address of the
principal place of business.
(2) The date on which the fictitious business name statement
relating to the fictitious business name being abandoned was filed,
the file number, and the county where filed.
(3) In the case of an individual, the full name and residence
address of the individual.
(4) In the case of a married couple, the full name and residence
address of both parties to the marriage.
(5) In the case of a general partnership, a limited partnership,
copartners, a limited liability partnership, a joint venture, or an
unincorporated association other than a partnership, the full names
and residence addresses of all of the general partners.
(6) In the case of a corporation, the name and address of the
corporation as set forth in its articles of incorporation on file
with the California Secretary of State.
(7) In the case of a trust, the full name and residence address of
each of the trustees.
(8) In the case of a limited liability company, the name and
address of the limited liability company as set forth in its articles
of organization on file with the California Secretary of State.
(9) In the case of state or local registered domestic partners,
the full name and residence address of each domestic partner.
(c) This section shall become operative on January 1, 2014.
SEC. 7. Section 17923 of the Business and Professions Code is
amended to read:
17923. (a) Any person who is a general partner in a partnership
that is or has been regularly transacting business under a fictitious
business name may, upon withdrawing as a general partner, file a
statement of withdrawal from the partnership operating under a
fictitious business name. The statement of withdrawal shall be
executed by the person filing the statement in the same manner as a
fictitious business name statement and shall be filed with the county
clerk of the county where the partnership filed its fictitious
business name statement.
(b) The statement shall include:
(1) The fictitious business name of the partnership.
(2) The date on which the fictitious business name statement for
the partnership was filed, the file number, and the county where
filed.
(3) The street address of its principal place of business in this
state or, if it has no place of business in this state, the street
address of its principal place of business outside this state, if
any.
(4) The full names and residence addresses of the person or
persons withdrawing as partners.
(c) The statement of withdrawal from the partnership operating
under a fictitious business name shall be published in the same
manner as the fictitious business name statement and an affidavit
showing the publication of the statement shall be filed with the
county clerk after the completion of the publication.
(d) The withdrawal of a general partner does not cause a
fictitious business name statement to expire if the withdrawing
partner files a statement of withdrawal meeting the requirements of
this section.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 8. Section 17923 is added to the Business and Professions
Code, to read:
17923. (a) Any registrant who is a general partner in a
partnership that is or has been regularly transacting business under
a fictitious business name may, upon withdrawing as a general
partner, file a statement of withdrawal from the partnership
operating under a fictitious business name. The statement of
withdrawal shall be executed by the registrant filing the statement
in the same manner as a fictitious business name statement, excluding
the requirements of subdivisions (d), (e), and (f) of Section 17913,
and shall be filed with the county clerk of the county where the
partnership filed its fictitious business name statement.
(b) The statement shall include:
(1) The fictitious business name of the partnership.
(2) The date on which the fictitious business name statement for
the partnership was filed, the file number, and the county where
filed.
(3) The street address of its principal place of business in this
state or, if it has no place of business in this state, the street
address of its principal place of business outside this state, if
any.
(4) The full names and residence addresses of the registrant or
registrants withdrawing as partners.
(c) The statement of withdrawal from the partnership operating
under a fictitious business name shall be published in the same
manner as the fictitious business name statement and an affidavit
showing the publication of the statement shall be filed with the
county clerk after the completion of the publication.
(d) The withdrawal of a general partner does not cause a
fictitious business name statement to expire if the withdrawing
partner files a statement of withdrawal meeting the requirements of
this section.
(e) This section shall become operative on January 1, 2014.
SEC. 9. Section 17927 of the Business and Professions Code is
amended to read:
17927. (a) The county clerk shall mark each fictitious business
name statement with a file number and the date of filing and shall
retain the original statement for his or her file. He or she may
destroy or otherwise dispose of the statement, including proof of
publication and any other references related to the fictitious
business name statement, four years after the statement expires.
(b) The county clerk shall mark each statement of abandonment of
use of fictitious business name or statement of withdrawal from
partnership operating under fictitious business name with a file
number and the date of filing. He or she may destroy or otherwise
dispose of the statement at the same time the fictitious business
name statement to which it relates is destroyed pursuant to
subdivision (a).
(c) In lieu of retaining the original statement on file, the
county clerk may retain a copy of the statement in accordance with
Section 26205.1 of the Government Code.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 10. Section 17927 is added to the Business and Professions
Code, to read:
17927. (a) The county clerk shall mark each fictitious business
name statement with a file number and the date of filing and shall
retain the original statement for his or her file. He or she may
destroy or otherwise dispose of the statement, including proof of
publication, affidavit of identity statement, the additional
documents required by subdivisions (d), (e), and (f) of Section
17913, and any other references related to the fictitious business
name statement, four years after the statement expires.
(b) The county clerk shall mark each statement of abandonment of
use of fictitious business name or statement of withdrawal from
partnership operating under fictitious business name with a file
number and the date of filing. He or she may destroy or otherwise
dispose of the statement at the same time the fictitious business
name statement to which it relates is destroyed pursuant to
subdivision (a).
(c) In lieu of retaining the original statement, proof of
publication, affidavit of identity statement, and additional
documents that may be required pursuant to subdivisions (d), (e), and
(f) of Section 17913, and any other documents pertaining to the
fictitious business statement on file, the county clerk may retain a
copy of the statement in accordance with Section 26205.1 of the
Government Code.
(d) This section shall become operative on January 1, 2014.
SEC. 11. Section 17929 of the Business and Professions Code is
amended to read:
17929. (a) The fee for filing a fictitious business name
statement is ten dollars ($10) for the first fictitious business name
and owner and two dollars ($2) for each additional fictitious
business name or owner filed on the same statement and doing business
at the same location. This fee covers the cost of filing and
indexing the statement (and any affidavit of publication), the cost
of furnishing one certified copy of the statement to the person
filing the statement, and the cost for notifying registrants of the
pending expiration of their fictitious business name statement.
(b) The fee for filing a statement of abandonment of use of a
fictitious business name is five dollars ($5). This fee covers the
cost of filing and indexing the statement, the cost of any affidavit
of publication, and the cost of furnishing one certified copy of the
statement to the person filing the statement.
(c) The fee for filing a statement of withdrawal from partnership
operating under a fictitious business name is five dollars ($5). This
fee covers the cost of filing and indexing the statement, the cost
of any affidavit of publication, and the cost of furnishing one
certified copy of the statement to the person filing the statement.
(d) All of the provisions of this section are subject to Section
54985 of the Government Code.
(e) If the notice of pending expiration, as described in
subdivision (a), is returned to the county clerk by the United States
Postal Service as undeliverable, the county clerk is not required to
retain the returned notice of pending expiration.
(f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 12. Section 17929 is added to the Business and Professions
Code, to read:
17929. (a) The fee for filing a fictitious business name
statement is ten dollars ($10) for the first fictitious business name
and owner and two dollars ($2) for each additional fictitious
business name or owner filed on the same statement and doing business
at the same location. This fee covers the cost of filing and
indexing the statement (and any affidavit of publication), the cost
of furnishing one certified copy of the statement to the registrant
filing the statement, acceptance, verification, and maintenance of
the affidavit of identity statement and other documents or actions
that may be required pursuant to subdivisions (d), (e), and (f) of
Section 17913, and the cost for notifying registrants of the pending
expiration of their fictitious business name statement.
(b) The fee for filing a statement of abandonment of use of a
fictitious business name is five dollars ($5). This fee covers the
cost of filing and indexing the statement, the cost of any affidavit
of publication, and the cost of furnishing one certified copy of the
statement to the registrant filing the statement.
(c) The fee for filing a statement of withdrawal from partnership
operating under a fictitious business name is five dollars ($5). This
fee covers the cost of filing and indexing the statement, the cost
of any affidavit of publication, and the cost of furnishing one
certified copy of the statement to the registrant filing the
statement.
(d) All of the provisions of this section are subject to Section
54985 of the Government Code.
(e) If the notice of pending expiration, as described in
subdivision (a), is returned to the county clerk by the United States
Postal Service as undeliverable, the county clerk is not required to
retain the returned notice of pending expiration.
(f) This section shall become operative on January 1, 2014.
SEC. 13. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
