2009 Legislative Proposals

The following are legislative proposals developed by various Sections and/or Committees of the State Bar for possible introduction in the California Legislature in 2009.

For information concerning these proposals contact:

  • the person(s) named on the individual proposals;
  • Saul Bercovitch, Legislative Counsel, Office of Governmental Affairs; or
  • Jennifer Wada, Legislative Representative for the State Bar Sections.

 

Title & Brief Description Sponsor Code §§ Affected
Changes to Names of Stock Exchanges
(BLS-2009-01)

Would amend various sections of the Corporations Code to reflect the recent designation of The NASDAQ Stock Market, LLC "Nasdaq" as a national securities exchange, changes in the names of certain national securities exchanges, and changes in the names of some stock exchanges, markets and related regulatory entities.
Business Law Section (Corporations Committee) Amends various sections of the Corporations Code
Changes to Permit Householding (BLS-2009-02)
Would expressly permit one set of meeting notices and reports to be sent to record shareholders who share an address, and would expressly permit a corporation to satisfy its obligation to provide an annual report by giving record shareholders who share an address one annual report, if such shareholders' implied or express consent is obtained.
Business Law Section (Corporations Committee) Amends §§601 and 1501 of the Corporations Code
Electronic Transmission (BLS-2009-03)
Would amend the Corporations Code to allow corporations to use electronic means of communication with greater ease.
Business Law Section (Nonprofit & Unincorporated Organizations Committee) Amends §20 of the Corporations Code
Tax Exemption under 23701d (BLS-2009-04)
Would clarify the process for applying for tax exemption as a charitable organization under Revenue and Taxation Code Section 23701d.
Business Law Section (Nonprofit & Unincorporated Organizations Committee) Amends §23701d of the Revenue and Taxation Code
Nonprofit and Consumer Cooperative Cleanup
(BLS-2009-05)

Would clarify various sections of the Corporations Code so that nonprofit and consumer cooperative corporations may have more certainty in their operations.
Business Law Section (Nonprofit & Unincorporated Organizations Committee) Amends various sections of the Corporations Code
Corrections to Outdated References to Federal Bankruptcy Law in California Statutes (BLS-2009-06)
Would correct erroneous or antiquated references in California statutes to former federal bankruptcy law provisions.
Business Law Section (Insolvency Law Committee) Amends various sections of the Business & Professions Code, Civil Code, Code of Civil Procedure, Corporations Code, Financial Code, Fish & Game Code, Food & Agricultural Code, Government Code, Health & Safety Code, Insurance Code, Probate Code, Public Contracts Code, Revenue & Taxation Code, Streets & Highways Code, and Vehicle Code
Judgment Liens against Registered Organizations (BLS-2009-07)
Would reinstate the ability of judgment creditors in California to obtain judgment liens against the assets of corporations and other organizations that are incorporated or registered in other jurisdictions but have assets or their chief executive office in California.
Business Law Section (Insolvency Law Committee) Amends §§697.530 and 697.590 of the Code of Civil Procedure
Collection of Personal Property of Estate by Sister State Personal Representative without Ancillary Administration (T&E-2009-08)
Would allow a sister state personal representative to collect any amount of personal property (anything other than real estate) belonging to a decedent and located in California.
Trusts & Estates Section Adds §§12580 et seq. to the Probate Code
Trustee's Duty to Inform Beneficiaries: Clarification and Expansion (T&E-2009-09)
Would clarify a trustee's obligation to provide trust beneficiaries with information and documents.
Trusts & Estates Section Amends §§16061, 16064, and 17200 of, and adds §§16060.7, 16065, 16068 and 16069 to, the Probate Code
Trustee Notification (T&E-2009-10)
Would reconcile inconsistencies between related sections of the Probate Code, close a loophole that may permit evasion of the required notice of trust administration, clarify that late service of notice is nonetheless effective to trigger the 120 day statute of limitations to file a trust contest, and clarify and modify provisions relating to a trustee’s liability for failure to comply with the required notice of trust administration.
Trusts & Estates Section Amends §§16061.5, 16061.7, 16061.8, and 16061.9 of the Probate Code

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