Following are summaries of bills enacted into law that may affect filings made and business conducted with the Secretary of State’s office. Unless otherwise indicated, these measures will take effect on January 1, 2017. To research any legislation or existing law, please refer to the California Legislative Information website.
Business Entities
Chapter 66, Statutes of 2016 (AB 1722 Wagner)
Changes the minimum vote required to dissolve a limited liability company from a majority of the members to 50 percent or more of the voting interests of the members. This bill also changes the signature requirement required for the certificate to cancel a limited liability company that has not conducted any business from a majority of the members, or, if there are no members, the majority of the managers, if any, or if no members or managers, the person or a majority of the persons signing the articles of organization, to 50 percent or more of the voting interests of the members, or, if there are no members, 50 percent or more of the voting interests of the managers, if any, or if no members or managers, the person or 50 percent or more of the persons signing the articles of organization.
Chapter 390, Statutes of 2016 (AB 2759 Levine)
Expands eligibility to submit an application for payment to the Victims of Corporate Fraud Compensation Fund to aggrieved persons who obtain a criminal restitution order against a corporate agent for corporate fraud, misrepresentation or deceit made with intent to defraud.
Notary Public
Chapter 762, Statutes of 2016 (AB 2566 Nazarian)
Changes the types of acceptable identification used for proof of identity by adding a valid passport from the person's country of citizenship, a valid consular identification document issued by a consulate from the person's country of citizenship and an identification card issued by a federally recognized tribal government to the list of acceptable documents if the identification is current or has been issued within the last 5 years, contains a photograph and description of the person named on it, is signed by the person, and bears a serial or other identifying number.
Chapter 133, Statutes of 2016 (AB 2217 Hadley)
Increases the maximum amounts that may be charged by a notary public for performing notarial services.
Chapter 366, Statutes of 2016 (SB 974 Committee on Governance and Finance)
Requires a person taking and subscribing the notary public's oath of office before a county clerk to present one of the following forms of identification: (1) An identification card or driver’s license issued by the Department of Motor Vehicles; (2) A passport issued by the Department of State of the United States; (3) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship; or (4) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. This bill also expands the methods of delivery of official requests for information from the Secretary of State to a notary public and the notice of changes of address from a notary public to the Secretary of State to include any means of physical delivery that provides a receipt.
