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.