Bill Text: CA AB1325 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1325	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 18, 2011

   An act to  amend Sections 17913 and 17916 of the Business and
Professions Code,   relating to  state government
  business filings  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1325, as amended, Lara.  State government: Attorney
General: duties.   Business: 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 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 to display a personal identification acceptable
to the county clerk to adequately determine the registrant's
identity, as specified. 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.  
   Existing law charges the Attorney General with all legal matters
in which the state is interested, except as specified. 

   This bill would express the intent of the Legislature to enact
legislation that would provide the Attorney General with additional
oversight of local government programs relating to persons with
undocumented immigration status. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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 
 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 
crime.)
  misdemeanor punishable by a fine not to exceed 
 one thousand dollars ($1,000).) 
            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 husband and wife, insert
the full name and residence address of both the husband and the wife.
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) "husband and
wife," (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
  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 shall display a personal identification in
the form of a California driver's license or other identification
acceptable to the county clerk to adequately determine the identity
of the registrant.  
   (e) The following forms of identification shall be deemed
acceptable for purposes of subdivision (d):  
   (1) If the registrant is a corporation, its articles of
incorporation.  
   (2) If the registrant is a limited liability company, its
certificate of organization.  
   (3) If the registrant is a limited liability partnership, a
limited liability partnership statement.  
   (f) A registrant that mails a fictitious business name statement
to a county clerk's office for filing shall include the following, as
applicable:  
   (1) A notarized certificate of identity statement, in the case of
a registrant other than a corporation or limited liability company.
 
   (2) Its articles of incorporation or a notarized certificate of
identity statement, in the case of a corporation or limited liability
company. 
   SEC. 2.    Section 17916 of the   Business
and Professions Code   is amended to read: 
   17916.  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.
   SEC. 3.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would provide the Attorney General with
additional oversight of local government programs relating to persons
with undocumented immigration status.