| 1 | | - | Senate Bill No. 1168 CHAPTER 783 An act to amend Section 1798.202 of, and to add Section 1798.203 to, the Civil Code, relating to business entities. [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 1168, Limn. Business entities: Secretary of State: document filings.Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, is guilty of a public offense.Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been unlawfully used by another, as described, to initiate a law enforcement investigation, as specified. Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been used unlawfully in a business entity filing, as defined, and has initiated a law enforcement investigation, as prescribed, to petition the superior court for an order directing the alleged perpetrator, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court, as specified. Existing law requires the court, after determining if the petition is meritorious, to order certain information in the business entity filing be redacted or removed from publicly accessible electronic indexes and databases, and file that order with the Secretary of State.This bill would, if an order has been filed with the Secretary of State as described above within the record of a limited liability company or a corporation, authorize the Secretary of State to cancel that business entity, as provided.This bill would also authorize a person who has learned that their personal identifying information has been used unlawfully in a business entity filing to file with the Secretary of State a disclaimer of proper authority, as prescribed, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer. The bill would prescribe a fee of $30 to file a disclaimer of proper authority to cover the reasonable costs to the Secretary of State of processing that form. The bill would require the disclaimer of proper authority to be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing. By expanding the scope of the crime of perjury, this bill would impose 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.202 of the Civil Code is amended to read:1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victims personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victims personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victims identity.(2) Order the data to be removed from publicly accessible electronic indexes and databases.(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.(g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c).SEC. 2. Section 1798.203 is added to the Civil Code, to read:1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer.(b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information:(1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State.(2) The Secretary of State file number for the corporation, limited liability company, or limited partnership.(3) The entity type.(4) The date the business entity document containing their personal identifying information was filed.(5) The title of the business entity document that contained their personal identifying information.(6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing.(7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code.(8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document.(c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 1 | + | Enrolled August 16, 2024 Passed IN Senate May 09, 2024 Passed IN Assembly August 15, 2024 Amended IN Senate March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1168Introduced by Senator LimnFebruary 14, 2024 An act to amend Section 1798.202 of, and to add Section 1798.203 to, the Civil Code, relating to business entities.LEGISLATIVE COUNSEL'S DIGESTSB 1168, Limn. Business entities: Secretary of State: document filings.Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, is guilty of a public offense.Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been unlawfully used by another, as described, to initiate a law enforcement investigation, as specified. Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been used unlawfully in a business entity filing, as defined, and has initiated a law enforcement investigation, as prescribed, to petition the superior court for an order directing the alleged perpetrator, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court, as specified. Existing law requires the court, after determining if the petition is meritorious, to order certain information in the business entity filing be redacted or removed from publicly accessible electronic indexes and databases, and file that order with the Secretary of State.This bill would, if an order has been filed with the Secretary of State as described above within the record of a limited liability company or a corporation, authorize the Secretary of State to cancel that business entity, as provided.This bill would also authorize a person who has learned that their personal identifying information has been used unlawfully in a business entity filing to file with the Secretary of State a disclaimer of proper authority, as prescribed, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer. The bill would prescribe a fee of $30 to file a disclaimer of proper authority to cover the reasonable costs to the Secretary of State of processing that form. The bill would require the disclaimer of proper authority to be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing. By expanding the scope of the crime of perjury, this bill would impose 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.202 of the Civil Code is amended to read:1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victims personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victims personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victims identity.(2) Order the data to be removed from publicly accessible electronic indexes and databases.(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.(g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c).SEC. 2. Section 1798.203 is added to the Civil Code, to read:1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer.(b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information:(1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State.(2) The Secretary of State file number for the corporation, limited liability company, or limited partnership.(3) The entity type.(4) The date the business entity document containing their personal identifying information was filed.(5) The title of the business entity document that contained their personal identifying information.(6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing.(7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code.(8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document.(c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | SB 1168, Limn. Business entities: Secretary of State: document filings. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, is guilty of a public offense.Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been unlawfully used by another, as described, to initiate a law enforcement investigation, as specified. Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been used unlawfully in a business entity filing, as defined, and has initiated a law enforcement investigation, as prescribed, to petition the superior court for an order directing the alleged perpetrator, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court, as specified. Existing law requires the court, after determining if the petition is meritorious, to order certain information in the business entity filing be redacted or removed from publicly accessible electronic indexes and databases, and file that order with the Secretary of State.This bill would, if an order has been filed with the Secretary of State as described above within the record of a limited liability company or a corporation, authorize the Secretary of State to cancel that business entity, as provided.This bill would also authorize a person who has learned that their personal identifying information has been used unlawfully in a business entity filing to file with the Secretary of State a disclaimer of proper authority, as prescribed, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer. The bill would prescribe a fee of $30 to file a disclaimer of proper authority to cover the reasonable costs to the Secretary of State of processing that form. The bill would require the disclaimer of proper authority to be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing. By expanding the scope of the crime of perjury, this bill would impose 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 no reimbursement is required by this act for a specified reason. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, is guilty of a public offense. |
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| 24 | 34 | | |
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| 25 | 35 | | Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been unlawfully used by another, as described, to initiate a law enforcement investigation, as specified. Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been used unlawfully in a business entity filing, as defined, and has initiated a law enforcement investigation, as prescribed, to petition the superior court for an order directing the alleged perpetrator, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court, as specified. Existing law requires the court, after determining if the petition is meritorious, to order certain information in the business entity filing be redacted or removed from publicly accessible electronic indexes and databases, and file that order with the Secretary of State. |
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| 26 | 36 | | |
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| 27 | 37 | | This bill would, if an order has been filed with the Secretary of State as described above within the record of a limited liability company or a corporation, authorize the Secretary of State to cancel that business entity, as provided. |
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| 28 | 38 | | |
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| 29 | 39 | | This bill would also authorize a person who has learned that their personal identifying information has been used unlawfully in a business entity filing to file with the Secretary of State a disclaimer of proper authority, as prescribed, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer. The bill would prescribe a fee of $30 to file a disclaimer of proper authority to cover the reasonable costs to the Secretary of State of processing that form. The bill would require the disclaimer of proper authority to be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. |
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| 30 | 40 | | |
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| 31 | 41 | | 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. |
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| 32 | 42 | | |
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| 33 | 43 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 34 | 44 | | |
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| 35 | 45 | | ## Digest Key |
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| 36 | 46 | | |
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| 37 | 47 | | ## Bill Text |
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| 38 | 48 | | |
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| 39 | 49 | | The people of the State of California do enact as follows:SECTION 1. Section 1798.202 of the Civil Code is amended to read:1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victims personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victims personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victims identity.(2) Order the data to be removed from publicly accessible electronic indexes and databases.(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.(g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c).SEC. 2. Section 1798.203 is added to the Civil Code, to read:1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer.(b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information:(1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State.(2) The Secretary of State file number for the corporation, limited liability company, or limited partnership.(3) The entity type.(4) The date the business entity document containing their personal identifying information was filed.(5) The title of the business entity document that contained their personal identifying information.(6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing.(7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code.(8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document.(c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 40 | 50 | | |
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| 41 | 51 | | The people of the State of California do enact as follows: |
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| 42 | 52 | | |
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| 43 | 53 | | ## The people of the State of California do enact as follows: |
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| 44 | 54 | | |
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| 45 | 55 | | SECTION 1. Section 1798.202 of the Civil Code is amended to read:1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victims personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victims personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victims identity.(2) Order the data to be removed from publicly accessible electronic indexes and databases.(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.(g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c). |
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| 46 | 56 | | |
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| 47 | 57 | | SECTION 1. Section 1798.202 of the Civil Code is amended to read: |
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| 48 | 58 | | |
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| 49 | 59 | | ### SECTION 1. |
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| 50 | 60 | | |
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| 51 | 61 | | 1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victims personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victims personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victims identity.(2) Order the data to be removed from publicly accessible electronic indexes and databases.(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.(g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c). |
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| 52 | 62 | | |
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| 53 | 63 | | 1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victims personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victims personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victims identity.(2) Order the data to be removed from publicly accessible electronic indexes and databases.(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.(g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c). |
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| 54 | 64 | | |
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| 55 | 65 | | 1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victims personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victims personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victims identity.(2) Order the data to be removed from publicly accessible electronic indexes and databases.(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.(g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c). |
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| 56 | 66 | | |
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| 57 | 67 | | |
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| 58 | 68 | | |
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| 59 | 69 | | 1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court. |
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| 60 | 70 | | |
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| 61 | 71 | | (b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victims personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victims personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination. |
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| 62 | 72 | | |
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| 63 | 73 | | (c) Upon making a determination pursuant to subdivision (b), the court shall do the following: |
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| 64 | 74 | | |
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| 65 | 75 | | (1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victims identity. |
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| 66 | 76 | | |
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| 67 | 77 | | (2) Order the data to be removed from publicly accessible electronic indexes and databases. |
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| 68 | 78 | | |
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| 69 | 79 | | (d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud. |
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| 70 | 80 | | |
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| 71 | 81 | | (e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section. |
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| 72 | 82 | | |
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| 73 | 83 | | (f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State. |
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| 74 | 84 | | |
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| 75 | 85 | | (g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c). |
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| 76 | 86 | | |
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| 77 | 87 | | SEC. 2. Section 1798.203 is added to the Civil Code, to read:1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer.(b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information:(1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State.(2) The Secretary of State file number for the corporation, limited liability company, or limited partnership.(3) The entity type.(4) The date the business entity document containing their personal identifying information was filed.(5) The title of the business entity document that contained their personal identifying information.(6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing.(7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code.(8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document.(c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form. |
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| 78 | 88 | | |
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| 79 | 89 | | SEC. 2. Section 1798.203 is added to the Civil Code, to read: |
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| 80 | 90 | | |
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| 81 | 91 | | ### SEC. 2. |
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| 82 | 92 | | |
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| 83 | 93 | | 1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer.(b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information:(1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State.(2) The Secretary of State file number for the corporation, limited liability company, or limited partnership.(3) The entity type.(4) The date the business entity document containing their personal identifying information was filed.(5) The title of the business entity document that contained their personal identifying information.(6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing.(7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code.(8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document.(c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form. |
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| 84 | 94 | | |
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| 85 | 95 | | 1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer.(b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information:(1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State.(2) The Secretary of State file number for the corporation, limited liability company, or limited partnership.(3) The entity type.(4) The date the business entity document containing their personal identifying information was filed.(5) The title of the business entity document that contained their personal identifying information.(6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing.(7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code.(8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document.(c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form. |
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| 86 | 96 | | |
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| 87 | 97 | | 1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer.(b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information:(1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State.(2) The Secretary of State file number for the corporation, limited liability company, or limited partnership.(3) The entity type.(4) The date the business entity document containing their personal identifying information was filed.(5) The title of the business entity document that contained their personal identifying information.(6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing.(7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code.(8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document.(c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form. |
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| 88 | 98 | | |
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| 89 | 99 | | |
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| 90 | 100 | | |
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| 91 | 101 | | 1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer. |
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| 92 | 102 | | |
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| 93 | 103 | | (b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information: |
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| 94 | 104 | | |
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| 95 | 105 | | (1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State. |
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| 96 | 106 | | |
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| 97 | 107 | | (2) The Secretary of State file number for the corporation, limited liability company, or limited partnership. |
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| 98 | 108 | | |
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| 99 | 109 | | (3) The entity type. |
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| 100 | 110 | | |
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| 101 | 111 | | (4) The date the business entity document containing their personal identifying information was filed. |
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| 102 | 112 | | |
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| 103 | 113 | | (5) The title of the business entity document that contained their personal identifying information. |
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| 104 | 114 | | |
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| 105 | 115 | | (6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing. |
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| 106 | 116 | | |
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| 107 | 117 | | (7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code. |
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| 108 | 118 | | |
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| 109 | 119 | | (8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document. |
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| 110 | 120 | | |
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| 111 | 121 | | (c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form. |
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| 112 | 122 | | |
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| 113 | 123 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 114 | 124 | | |
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| 115 | 125 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 116 | 126 | | |
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| 117 | 127 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 118 | 128 | | |
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| 119 | 129 | | ### SEC. 3. |
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