day of July, nineteen hundred and six, a statement which must exhibit the condition and affairs of such corporation, person, firm or association on the thirtyfirst day of December next preceding. § 2. Except as provided in the preceding section of this act, each such statement shall conform to the provisions of sections six hundred and ten, six hundred and eleven, six hundred and twelve and six hundred and thirteen of the Political Code of this state. § 3. On the filing with the insurance commissioner of such statement on or before said thirty-first day of July, nineteen hundred and six, the penalties prescribed by section six hundred and seventeen of the Political Code of the state of California shall be and the same are hereby remitted. § 4. This act shall take effect immediately. CORPORATIONS LICENSE TAX. To amend an act entitled "An act relating to revenue and taxation, providing for a license-tax upon corporations, and making an appropriation for the purpose of carrying out the objects of this act," approved March twenty, nineteen hundred and five, by amending sections one, two, three, four, five, six, seven, eight and nine thereof, and by adding two new sections thereto, to be known as sections ten a and ten b, relating to a license-tax upon corporations, and making provision for settling the affairs of corporations where said tax has not been paid, and providing a penalty for the violation thereof. (Stats. and Amdts. 1906, p. 22, ch. 19.) § 1. No corporation heretofore or hereafter incorporated under the laws of this state, or of any other state, shall do or attempt to do business by virtue of its charter or certificate of incorporation, in this state, without a state license therefor. [In effect immediately.] § 2. It shall be the duty of every corporation incorporated under the laws of this state, and of every foreign corporation now doing business, or which shall hereafter engage in business in this state, to procure annually from the secretary of state a license authorizing the transaction of such business in this state, and shall pay therefor a license-tax as follows: When the authorized capital stock of the corporation does not exceed ten thousand dollars the tax shall be ten dollars; when the authorized capital stock exceeds ten thousand dollars but does not exceed twenty thousand dollars the tax shall be fifteen dollars; when the authorized capital stock exceeds twenty thousand dollars but does not exceed fifty thousand dollars the tax shall be twenty dollars; when the authorized capital stock exceeds fifty thousand dollars but does not exceed one hundred thousand dollars the tax shall be twenty-five dollars; when the authorized capital stock exceeds one hundred thousand dollars but does not exceed two hundred and fifty thousand dollars the tax shall be fifty dollars; when the authorized capital stock exceeds two hundred and fifty thousand dollars but does not exceed five hundred thousand dollars the tax shall be seventy-five dollars; when the authorized capital stock exceeds five hundred thousand dollars but does not exceed two million dollars the tax shall be one hundred dollars; when the authorized capital stock exceeds two million dollars but does not exceed five million dollars the tax shall be two hundred dollars; when the authorized capital stock exceeds five million dollars the tax shall be two hundred and fifty dollars. Said license tax or fee shall be due and payable on the first day of July of each and every year to the secretary of state, who shall pay the same into the state treasury. If not paid on or before the hour of four o'clock p. m. of the first day of September next thereafter, the same shall become delinquent and there shall be added thereto, as a penalty for such delinquency, the sum of ten dollars. The license-tax or fee hereby provided authorizes the corporation to transact its business during the year or for any fractional part of such year in which such license-tax or fee is paid. "Year," within the meaning of this act, means from and including the first day of July to and including the thirtieth day of June next thereafter. Sec. 2. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of forty thousand dollars, for the purpose of carrying out the objects of this act, to be used by the secretary of state in the employment of a license superintendent and cashier; one permanent clerk; such other clerks from time to time as may be necessary; for the purchase of the necessary desks, furniture, stationery, books, postage, and for the necessary printing, ruling, binding and materials furnished by the state printing office and for all other necessary incidental expenses, to be used and expended during the balance of the fifty-eighth, and during the fifty-ninth and sixtieth fiscal years, and the state controller is hereby directed to draw his warrant for any claim against said amount, the same having been approved by the state board of examiners, and the treasurer is hereby directed to pay the same. Sec. 3. This act shall take effect and be in force from and after April first, nineteen hundred and seven. [Amended March 19, 1907, Stats. and Amdts. 1907, p. 664, ch. 347.] § 3. The secretary of state shall, on or before the fifteenth day of September in each year, report to the governor of the state a list of all corporations which have become delinquent, as provided in section two of this act, and the governor shall forthwith issue his proclamation, declaring under this act that the charters of such delinquent domestic corporations will be forfeited and the right of such foreign corporations to do business in this state will be forfeited unless payment of said license-tax, together with the penalty for such delinquency, as hereinbefore provided, be made to the secretary of state on or before the hour of four o'clock p. m. of the thirtieth day of November next following. [Amended June 13, 1906, Stats. and Amdts. 1906, p. 23, ch. 19. In effect immediately.] § 4. Said proclamation shall be filed immediately in the office of the secretary of state, and said secretary of state shall immediately cause a copy of said proclamation to be published in one issue of each of two daily newspapers to be selected by the governor. [Amended June 13, 1906, Stats. and Amdts. 1906, p. 23, ch. 19. In effect immediately.] § 5. At the hour of four o'clock p. m. of the thirtieth day of November each year the charters of all delinquent domestic corporations which have failed to pay the said license-tax, together with said penalty for such delinquency, shall be forfeited to the state of California, and the right of all delinquent foreign corporations to do business in this state which have failed. to pay said license-tax, together with the penalty for such delinquency, shall be likewise forfeited. [Amended June 13, 1906, Stats. and Amdts. 1906, p. 23, ch. 19. In effect immediately.] § 6. Any corporation which failed to pay the license-tax and penalty required by the act, or any amendment thereof, and of which [it] is amendatory may on or before noon on July one, nineteen hundred and seven pay all the said license-taxes and penalties prescribed by section one of said act and the amendments thereto and any such corporation making such payment shall be relieved from the forfeiture prescribed by the act of which this act is amendatory, and all persons exercising the powers of any such corporation making such payment shall be relieved from the provisions of section nine of said act of which this act is amendatory, and the secretary of state shall immediately after the first day of July one, nineteen hundred and seven transmit to the county clerk of each county in this state a list of the corporations so paying pursuant to the provisions of this section, which list shall be by said county clerk filed in his office; provided, that in case the name of any corporation which has suffered the forfeiture prescribed by the act of which this act is amendatory, or a name so closely resembling the name of such corporation as will tend to deceive, has been adopted by any other corporation since the date of said forfeiture then said corporation having suffered said forfeiture shall be relieved therefrom pursuant to the terms of this section of this act only upon the adoption by said corporation seeking revivor of a new name, and in such case nothing in this act contained shall be construed as permitting such corporation to be revived or carry on any business. under its former name; and such corporation shall have the right to use its former name or take such new name only upon filing an application therefor with the secretary of state and upon the issuing of a certification to such corporation by the secretary of state setting forth the right of such corporation to take such new name or use its former name as the case may be; provided, however, that the secretary of state shall not issue any certificate permitting any corporation to take or use the name of any corporation heretofore organized in this state and which has not suffered the forfeiture prescribed by the act of which this act is amendatory or to make or use a name so closely resembling the name of such corporation heretofore organized in this state, as will tend to deceive. The provisions of title eleven, part three of the Code of Civil Procedure in so far as they conflict with this section of this act are not applicable to corporations seeking revivor under this act. [Amended March 20, 1907, Stats. and Amdts. 1907, p. 746, ch. 403. In effect immediately.] § 7. All educational, religious, scientific and charitable corporations, and all corporations which are not organized for pecuniary profit, are exempt from the provisions of this act. [Amended June 13, 1906, Stats. and Amdts. 1906, p. 24, ch. 19. In effect immediately.] § 8. On or before the thirty-first day of December of each year the secretary of state shall make a list of all domestic corporations whose charters have been so forfeited and of all foreign corporations whose right to do business in this state has been so forfeited, and shall transmit a certified copy thereof to each county clerk in this state, who shall file the same in his office. [Amended June 13, 1906, Stats. and Amdts. 1906, p. 24, ch. 19. In effect immediately.] § 9. It shall be unlawful for any corporation, delinquent under this act, either domestic or foreign, which has not paid the license-tax or fee, together with the penalty for such delinquency, as in this act prescribed, to exercise the powers of such corporation, or to transact any business in this state, after the thirtieth day of November next following the delinquency. Each and every person who exercises any of the powers of a corporation so delinquent, either domestic or foreign, which has not paid the license-tax, together with the penalty for such delinquency, or who transacts any business for or in behalf of any such corporation, after the thirtieth day of November next following the delinquency, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, and not exceeding one thousand dollars, or by imprisonment in the county jail not less than fifty days nor more than five hundred days, or by both such fine and imprisonment. [Amended June 13, 1906, Stats. and Amdts. 1906, p. 24, ch. 19. In effect immediately.] § 10a. In all cases of forfeiture under the provisions of this act, the directors or managers in office of the affairs of any domestic corporation, whose charter may be so forfeited, or of any foreign corporation whose right to do business in this state may be so forfeited, are deemed to be trustees of the corporation and stockholders or members of the corporation whose power or right to do business is forfeited and have full power to settle the affairs of the corporation and to maintain or defend any action or proceeding then pending in behalf of or against any of said corporations, or to take such legal proceedings as may be necessary to fully settle the affairs of said corporation, and such directors or managers, as such trustees, may be sued in any of the courts of this state by any person having a claim against any of said corporations. Provided always that no action pending against any corporation shall abate thereby, but may be prosecuted to final judgment [;] the same may be enforced by execution with the same force and effect and in like manner as though no forfeiture had occurred and Provided further: That where judgment has been entered against any corporation prior to forfeiture under this act, that notwithstanding execution may be issued thereon and the property of said corporation, or which may come into the hands of any trustees for it may be levied upon, seized and sold to satisfy the same with like force and effect as though such forfeiture has not occurred. Sec. 3. This act shall take effect immediately. [Amended March 20, 1907, Stats, and Amdts. 1907, p. 746, ch. 403.] $10b. At the time of filing a certified copy of articles of incorporation of any corporation when filed on or between the first day of July and the following first day of December in any year, there shall be paid, in addition to all other fees required by law to be paid to secretary of state, the sum of twenty dollars, which shall be received and license receipt issued in full of the license-tax payable under this act, for the then current year. Sec. 11. This act shall take effect immediately. [Amended June 13, 1906, Stats. and Amdts. 1906, p. 25, ch. 19.] CORPORATION LICENSE-TAX-REFUNDING PENALTIES. To appropriate four thousand six hundred and five dollars to repay to certain. nine hundred and twenty-one corporations five dollars each, for money erroneously collected by the secretary of state as a penalty for the nonpayment of the annual license-tax prior to the eighth day of August, nineteen hundred and five, said penalty having been erroneously collected between and including the eighth day of August, nineteen hundred and five, and the twelfth day of October, nineteen hundred and five, as appears in the decision of the supreme court in the case of Ukiah Guaranty, etc. Co. vs. Charles F. Curry, secretary of state, San Francisco number four thousand four hundred and twenty-two. (Stats. and Amdts. 1906, p. 21, ch. 18.) § 1. The sum of four thousand six hundred and five dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, to repay to certain nine hundred and twenty-one corporations five dollars each, for money erroneously collected by the secretary of state as a penalty for the non-payment of the annual license-tax prior to the eighth day of August, nineteen hundred and five, said penalty having been erroneously collected between and including the eighth day of August, nineteen hundred and five, and the twelfth day of October, nineteen hundred and five, as appears in the decision of the supreme court in the case of Ukiah Guaranty, etc., Co. vs. Charles F. Curry, secretary of state, San Francisco, number four thousand four hundred and twenty-two. § 2. Upon the presentation of a claim by each of the corporations referred to in section one of this act, duly authenticated by the president or secretary thereof, and approved by the secretary of state, the controller is hereby authorized and directed to draw his warrant in favor of each of the nine hundred and twenty-one corporations in this act referred to, in the sum of five dollars, the names of said corporations appearing of record in the office of the said controller and in the office of the said secretary of state, and the treasurer of the state is hereby directed to pay such warrants. § 3. This act shall be exempted from the provisions of section six hundred and seventy-two of the Political Code. §4. This act shall take effect immediately. CORPORATIONS-LIVE-STOCK INSURANCE. See tit. Animals-Insurance of. CORPORATIONS MUTUAL FIRE INSURANCE COMPANIES. |