SB 340 California Senate · 2017-2018 Regular Session

Corporations: dissolution: bankruptcy.

Summary
Under existing law, any domestic corporation, with respect to which a proceeding has been initiated under any applicable statute of the United States relating to reorganizations of corporations, has full power and authority to put into effect and carry out any plan of reorganization and the orders of the court or judge entered in that proceeding and is authorized to take any proceeding and do any act provided in the plan or directed by those orders, without further action by its board or shareholders. Existing law requires a certificate of dissolution to be filed and to become effective in accordance with its terms and specified provisions. Existing law also requires that certificate to be signed and verified under penalty of perjury, as may be directed by order of the court or judge, by a trustee or trustees appointed in a reorganization proceeding, or if none is appointed and acting, by officers of the corporation designated, or by a master or other court-appointed representative. This bill additionally would authorize a trustee, liquidating agent, responsible officer, or other representative appointed by the court for a corporation, with respect to which a bankruptcy reorganization proceeding has been initiated, to execute and file a certificate of dissolution containing specified information. By expanding the category of persons who may execute and file a certificate under penalty of perjury, the bill would increase the scope of an existing crime, thereby imposing 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 no reimbursement is required by this act for a specified reason.
Bill status signed all 5 stages cleared
Introduction
Feb 2017
Committee Review
Sep 2017
Senate Passage
Apr 2017
Assembly Passage
Aug 2017
Signed into Law
Sep 2017
Introduced Feb 14, 2017 Signed Sep 23, 2017
Floor votes · Senate Sep 6, 2017 · Assembly Aug 31, 2017

How they voted

40–0
Passed
Total votes 40
Sep 6, 2017
D Democratic27
27 Yea
100% Yea
R Republican13
13 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
11
Committee
10
Amendments
1
Sep 23, 2017
Signed into law
Approved by the Governor.
legislature
Sep 6, 2017
Senate · Passed
Senate Vote: pass (40-0)
senate
Sep 5, 2017
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2478.) Ordered to engrossing and enrolling.
upper
Aug 31, 2017
Assembly · Passed
Assembly Vote: pass (70-0-6)
assembly
Aug 31, 2017
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 23, 2017
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 23).
lower
Jul 11, 2017
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 10). Re-referred to Com. on APPR.
lower
Jun 26, 2017
Lower · Passed
June 26 hearing postponed by committee.
lower
Jun 15, 2017
Lower · Passed
June 19 hearing postponed by committee.
lower
May 31, 2017
Lower · Passed
June 5 hearing postponed by committee.
lower
May 18, 2017
Committee
Referred to Com. on B. & F.
lower
Apr 17, 2017
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Mar 29, 2017
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 539.) (March 28). Re-referred to Com. on APPR.
upper
Feb 23, 2017
Committee
Referred to Com. on JUD.
upper
Feb 14, 2017
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Robert M. Hertzberg
Robert M. Hertzberg
DDemocratic
CA
18