Following are summaries of the 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, 2025. To research any legislation or existing law, please refer to the California Legislative Information website.
Business Entities
Chapter 783, Statutes of 2024 (SB 1168, Limon)
Authorizes the Secretary of State to cancel a business entity if an order has been filed pursuant to Civil Code 1798.202 within the record of a limited liability company or a corporation. Pursuant to Civil Code 1798.202, if a person who has learned or reasonably suspects that their personal identifying information has been used unlawfully in a business entity filing and has initiated a law enforcement investigation, the person can petition the superior court. The court, after determining if the petition is meritorious, shall order certain information in the business entity filing be redacted or removed from publicly accessible electronic indexes and databases, and file that order with the Secretary of State. Beginning January 1, 2025, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity. The statement of information shall not contain any information ordered to be redacted.
Notary Public
Chapter 691, Statutes of 2024 (AB 2004, Petrie-Norris)
Authorizes a disinterested custodian to certify that a tangible copy of an electronic record is a complete and accurate reproduction of the electronic record. Requires a recorder to accept for recording a tangible copy of an electronic record that has been so certified by a notary public if specified requirements are met. States that a tangible copy of an electronic record imparts notice of its contents, notwithstanding any failure of the person making the certification to qualify as a disinterested custodian.
Additionally, provides that any instrument affecting the title to real property, 90 days after the same has been copied into the proper book of record that is kept in the office of any county recorder, provides notice of its contents to specified individuals, notwithstanding any defect, omission, or informality in the execution of the instrument or in the certificate of acknowledgment, or absence of that certificate.
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