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AB-1912 Fictitious business names.(2019-2020)

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Date Published: 01/09/2020 09:00 PM
AB1912:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1912


Introduced by Assembly Member Boerner Horvath

January 09, 2020


An act to add Section 17931 to the Business and Professions Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


AB 1912, as introduced, Boerner Horvath. Fictitious business names.
Existing law requires a person who regularly conducts business in the state for profit under a fictitious name to file a fictitious business name statement with either the clerk of the county in which its principal place of business is located or the clerk of the County of Sacramento, as specified, not later than 40 days from the time the registrant commences to transact business. Existing law further requires that person to file, as applicable, a statement of abandonment and a statement of withdrawal from a partnership operating under a fictitious business name. Existing law requires a county clerk to maintain one or more indices that permit the determination of specified information, including whether any business using a specific fictitious business name has on file a fictitious business name statement setting forth that name and, if so, the file number of the statement.
This bill would require the Secretary of State to maintain a searchable index on its internet website that meets the requirements of existing law with respect to those indices maintained by county clerks and would require a county clerk to timely provide to the Secretary of State a copy of a statement filed with the county clerk as described above, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 17931 is added to the Business and Professions Code, to read:

17931.
 (a) The Secretary of State shall maintain a searchable index on its internet website that meets all of the requirements of the indices described in Section 17925.
(b) A county clerk shall timely provide to the Secretary of State a copy of a statement, as defined in Section 17926, filed pursuant to this chapter so that the Secretary of State can comply with subdivision (a).

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.