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tax the secretary of state shall issue a license receipt for the full or for the fractional part of the then current fiscal year. [New section; added March 19, 1909; stats. 1909, p. 459; in effect July 1, 1909.]

Secretary of state shall report names of delinquents-Proclamation by governor.

SEC. 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. [Section 3 amended June 13, 1906.]

Filing and publication of proclamation.

SEC. 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. [Section 4 amended June 13, 1906.]

Right forfeited to do business in this state.

SEC. 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. [Section 5 amended June 13, 1906.]

Revival of corporations which failed to pay tax-List to county clerks-When new name required-Right to use former

name.

SEC. 6. Any corporation which failed to pay the license tax and penalty required by the act, or any amendment thereof, and of which this is amendatory, may pay all the said license

taxes and penalties prescribed by section one of said act and the amendments thereto, and the license taxes and penalties that would have accrued if such corporation had not forfeited its charter or right to do business 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 December, 1909, 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, the rehabilitation of a corporation under the provisions of this act shall be without prejudice to any action, defense or right which accrued by reason of the original forfeiture; and 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 nine, 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. [Section 6 amended March 19, 1909; stats. 1909, p. 454; in effect immediately.]

Certain corporations exempt.

SEC. 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. [Section 7 amended June 13, 1906.]

List of corporations which have forfeited right to do business. SEC. 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. [Section 8 amended June 13, 1906.]

Unlawful for delinquent corporations to do business-Penalty. SEC. 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. [Section 9 amended June 13, 1906.]

Maintenance of license department.

SEC. 10. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of twentyseven thousand ($27,000) 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-sixth, and during the fifty-seventh and fifty-eighth 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.

NOTE. § 10. Provision for the support of the license department is now made in the general appropriation bill. For 1909-10, see stats. 1909, p. 1110.

Stockholders to settle affairs of corporation in case of forfeiture.

SEC. 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. [Section 10a amended March 20, 1907.]

Corporations formed during certain periods to pay tax for current year. [Repealed.]

SEC. 106. [Section 106b repealed March 19, 1909; stats. 1909, p. 459; in effect July 1, 1909.]

NOTE. § 10b. See section 2a, added March 19, 1909, for provisions for payment of tax by new corporations.

Time act shall take effect.

SEC. 11. This act shall take effect and be in force from and after its passage.

(See Ukiah Guarantee Co. vs. Curry, 148 Cal., p. 256; constitutional: see Kaiser Land and Fruit Co. vs. Curry, Supreme Court decision of June 15, 1909, XXXVII Cal. Dec., p. 522.)

LIMITATION OF ACTIONS.

An act respecting the limitation of actions.

Approved March 11, 1872; stats. 1871-72, p. 319. Superseded by Code Civ. Proc. § 348. (See page 382, ante.)

An act supplementary to an act entitled an act defining the time for commencing civil actions, passed April twenty-second, eighteen hundred and fifty.

Approved March 16, 1872; stats. 1871-72, p. 401. Codified and superseded by Code Civ. Proc. § 348. (See page 382, ante.)

LOANS ON PERSONAL PROPERTY.

See Brokers.

MECHANIC INSTITUTES.

See Chambers of Commerce.

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