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Is Your Out of State LLC Doing Business in California? Here’s What to Know

11/23/2024

What if a corporation or a limited liability company (LLC) is formed in another state, like Delaware or Nevada, but does business in California? The out of state LLC doing business in California (a “foreign” business entity) must register with…

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Is the CA Certificate Status company a scam?

06/13/2024

Lately, my clients have been receiving a solicitation from a company calling itself CA Certificate Status, which offers to obtain from the California Secretary of State a certificate of status for a company. The solicitation preaches the possible benefits of…

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Impending Changes to the required Statement of Information

04/25/2024

Beginning Monday, April 29, 2024, the California Secretary of State will no longer accept statements of information on paper. A corporation will be permitted to file only online through the BizFile portal. There are some enhancements to the online statement…

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I have no connection with TrademarkFormation.com

03/21/2024

I have been receiving calls from prospective customers of TrademarkFormation.com asking if I am associated with the company since the street address shown on TrademarkFormation.com website is the same as mine: 55 S. Market Street, Suite 1500, San Jose, California.…

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Stock without Certificates

02/04/2024

Now that we are moving more and more into electronic records, can we dispense with stock certificates? Yes, we can, but for most closely held corporations, it may not be worthwhile to change to certificate-less stock. The failure to issue…

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Non-Compete Clauses for Employees Become Radioactive in California

12/01/2023

California has for over 80 years prohibited covenants not to compete (also called non-compete clauses) except in a handful of cases. The basic prohibition is in Business & Professions Code § 16600, which provides: Except as provided in this chapter,…

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Out-of-State LLC Owning Property in California

10/30/2023

Experienced San Jose, CA Foreign LLC Lawyer Ready To Assist You Many California residents are members of LLCs formed under the law of other states (often referred to as “foreign LLCs”). California, being hungry for tax revenue, often tries to…

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I Asked ChatGPT a Legal Question–Here’s What It Said

04/12/2023

I posed the following question to ChatGPT: What is the difference between a corporation and an LLC? Here is the response generated by ChatGPT (with my comments in red): A corporation and a limited liability company (LLC) are two different…

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Zero Filing Fee for Entity Formations (for now)!

07/31/2022

Because of recent legislation, the California Secretary of State’s processing fees for initial entity filings, such as articles of organization for limited liability companies (LLCs), articles of incorporation for corporations, and out-of-state entity registrations to do business in California, have…

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California Secretary of State to Enhance Online Filing Portal

03/14/2022

The following information was taken from an e-Bulletin published by the Corporations Committee of the California Lawyers Assocation. It was prepared by William Ross, of counsel to Hirschfeld Kraemer LLP, and Darren L. Nunn, a partner at McCorriston Miller Mukai…

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