Required Corporate Filings

Chapter 12 of Part 2 of Division 2 of Part 1 of the Corporations Code deals with required filings by a corporation or its agent in California.

Section 6210 requires every corporation, within 90 days after the filing of its original articles and biennially thereafter during the applicable filing period, to file a statement containing five specified items of information.

Section 6211 states that an agent designated for service of process may deliver to the Secretary of State, on a form prescribed by the Secretary of State for filing, a signed and acknowledged written statement of resignation as an agent for service of process containing the name of the corporation, the Secretary of State’s file number of the corporation, the name of the resigning agent for service of process, and a statement that the agent is resigning.

Section 6212 provides that, if a natural person who has been designated agent for service of process dies or resigns or no longer resides in the state or if the corporate agent for such purpose resigns, dissolves, withdraws from the state, forfeits its right to transact intrastate business, has its corporate rights, powers and privileges suspended or ceases to exist, the corporation must file a designation of a new agent.

Section 6218 specifies that, upon request of an assessor, a corporation owning, claiming, possessing or controlling property in this state subject to local assessment is required to make available at the corporation’s principal office in California or at a place mutually acceptable to the assessor and the corporation a true copy of business records relevant to the amount, cost and value of all property that it owns, claims, possesses or controls within the county.

Section 6215 provides that any officers, directors, employees or agents of a corporation who do any of the specified actions are liable jointly and severally for all the damages resulting therefrom to the corporation or any person injured who relied thereupon or to the specified actions.

Section 6216 provides that the Attorney General, upon complaint of a member, director or officer, that a corporation is failing to comply with specified provisions of law may, in the name of the people of the State of California, send to the principal office of the corporation notice of the complaint. If the answer is not satisfactory, or if there is no answer within 30 days, the Attorney General may institute, maintain or intervene in the suits, actions, or proceedings of any type in any court or tribunal to obtain specified remedies.