SB 1041 California Senate · 2013-2014 Regular Session

Business: filings.

Summary
Existing law requires certain business entities, including, but not limited to, a corporation, a limited partnership, a foreign corporation, a foreign limited partnership, a limited liability partnership, a foreign limited liability partnership, a flexible purpose corporation, a limited liability company, an unincorporated association, and a credit union, to make various filings with the Secretary of State. Existing law authorizes agents designated for service of process for specified entities to file a written statement of resignation as that agent with the Secretary of State. Existing law allows a person to apply for and reserve a name for a business entity with the Secretary of State. Existing law requires the Secretary of State to reinstate a fraudulently terminated business entity upon court order. This bill, among other things, would require the written statement of resignation to be made on a form prescribed by the Secretary of State for filing, as specified, and would allow the Secretary of State to destroy or otherwise dispose of a resignation after a new form is filed, replacing the agent. This bill would allow a person to cancel the registration of the name of specified business entities by delivering to the Secretary of State a certificate of cancellation of the entity's name on a form prescribed by the Secretary of State. This bill would require a foreign limited liability company that adopts a new name to relinquish an alternate name, as provided. This bill would additionally condition reinstatement of a fraudulently terminated business entity upon the business entity concurrently submitting for filing an amendment to change its name to eliminate conflict, if there is a conflict with the entity name, as provided. This bill would incorporate additional changes to Sections 1155 and 3304 of the Corporations Code proposed by SB 1301 that would become operative only if this bill and SB 1301 are both chaptered and this bill is chaptered last.
Bill status signed all 5 stages cleared
Introduction
Feb 2014
Committee Review
Aug 2014
Senate Passage
May 2014
Assembly Passage
Aug 2014
Signed into Law
Sep 2014
Introduced Feb 18, 2014 Signed Sep 29, 2014
Floor votes · Senate Aug 14, 2014 · Assembly Aug 11, 2014

How they voted

37–0
Passed · 3 other
Total votes 40
Aug 14, 2014
D Democratic28
25 Yea 3
89% Yea
R Republican12
12 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
10
Committee
8
Amendments
2
Sep 29, 2014
Signed into law
Approved by the Governor.
legislature
Aug 14, 2014
Senate · Passed
Senate Vote: pass (37-0-3)
senate
Aug 13, 2014
Upper · Passed
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4474.) Ordered to engrossing and enrolling.
upper
Aug 11, 2014
Assembly · Passed
Assembly Vote: pass (77-0)
assembly
Aug 11, 2014
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jul 2, 2014
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (July 2).
lower
Jun 24, 2014
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 23). Re-referred to Com. on APPR.
lower
May 23, 2014
Committee
Referred to Com. on B. & F.
lower
Apr 28, 2014
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Apr 21, 2014
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 10, 2014
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3092.) (April 8).
upper
Mar 28, 2014
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Feb 27, 2014
Committee
Referred to Com. on JUD.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Hannah-Beth Jackson
Hannah-Beth Jackson
DDemocratic
CA
19