Crimes and Penalties

Cal. CORP § 2204

California Statutes

(

a) Upon the failure of a corporation to file the statement required by

Section 1502, the Secretary of State shall provide a notice of that delinquency to the corporation. The notice shall also contain information concerning the application of this section, advise the corporation of the penalty imposed by

Section of the Revenue and Taxation Code for failure to timely file the required statement after notice of the delinquency has been provided by the Secretary of State, and shall advise the corporation of its right to request relief from the Secretary of State because of reasonable cause or unusual circumstances that justify the failure to file. If, within days of providing notice of the delinquency, a statement pursuant to

Section has not been filed by the corporation, the Secretary of State shall certify the name of the corporation to the Franchise Tax Board. (

b) Upon certification pursuant to subdivision (a), the Franchise Tax Board shall assess against the corporation the penalty provided in

Section of the Revenue and Taxation Code. (

c) The penalty herein provided shall not apply to a corporation that on or prior to the date of certification pursuant to subdivision (

a) has dissolved, has converted to another type of business entity, or has been merged into another corporation or other business entity. (

d) The penalty herein provided shall not apply and the Secretary of State need not provide a notice of the delinquency to a corporation if the corporate powers, rights, and privileges have been suspended by the Franchise Tax Board pursuant to

Section 23301, 23301.5, or of the Revenue and Taxation Code on or prior to, and remain suspended on, the last day of the filing period pursuant to

Section 1502. The Secretary of State need not provide notice of the filing requirement pursuant to

Section to a corporation if the corporate powers, rights, and privileges have been so suspended by the Franchise Tax Board on or prior to, and remain suspended on, the day the Secretary of State prepares the notice for sending. (

e) If, after certification pursuant to subdivision (a), the Secretary of State finds (1) the required statement was filed before the expiration of the 60-day period after providing notice of the delinquency, or (2) the failure to provide notice of delinquency was due to an error of the Secretary of State, the Secretary of State shall promptly decertify the name of the corporation to the Franchise Tax Board. The Franchise Tax Board shall then promptly abate any penalty assessed against the corporation pursuant to

Section of the Revenue and Taxation Code. (

f) If the Secretary of State determines that the failure of a corporation to file the statement required by

Section is excusable because of reasonable cause or unusual circumstances that justify the failure, the Secretary of State may waive the penalty imposed by this

section and by

Section of the Revenue and Taxation Code, in which case the Secretary of State shall not certify the name of the corporation to the Franchise Tax Board, or if already certified, the Secretary of State shall promptly decertify the name of the corporation.

Document details

CollectionCalifornia Statutes
CitationCal. CORP § 2204
Date2015-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCORP2204.20148348

Crimes and Penalties

Cal. CORP § 2204

California Statutes

Crimes and Penalties

Cal. CORP § 2204

California Statutes

(

a) Upon the failure of a corporation to file the statement required by

Section 1502, the Secretary of State shall provide a notice of that delinquency to the corporation. The notice shall also contain information concerning the application of this section, advise the corporation of the penalty imposed by

Section of the Revenue and Taxation Code for failure to timely file the required statement after notice of the delinquency has been provided by the Secretary of State, and shall advise the corporation of its right to request relief from the Secretary of State because of reasonable cause or unusual circumstances that justify the failure to file. If, within days of providing notice of the delinquency, a statement pursuant to

Section has not been filed by the corporation, the Secretary of State shall certify the name of the corporation to the Franchise Tax Board. (

b) Upon certification pursuant to subdivision (a), the Franchise Tax Board shall assess against the corporation the penalty provided in

Section of the Revenue and Taxation Code. (

c) The penalty herein provided shall not apply to a corporation that on or prior to the date of certification pursuant to subdivision (

a) has dissolved, has converted to another type of business entity, or has been merged into another corporation or other business entity. (

d) The penalty herein provided shall not apply and the Secretary of State need not provide a notice of the delinquency to a corporation if the corporate powers, rights, and privileges have been suspended by the Franchise Tax Board pursuant to

Section 23301, 23301.5, or of the Revenue and Taxation Code on or prior to, and remain suspended on, the last day of the filing period pursuant to

Section 1502. The Secretary of State need not provide notice of the filing requirement pursuant to

Section to a corporation if the corporate powers, rights, and privileges have been so suspended by the Franchise Tax Board on or prior to, and remain suspended on, the day the Secretary of State prepares the notice for sending. (

e) If, after certification pursuant to subdivision (a), the Secretary of State finds (1) the required statement was filed before the expiration of the 60-day period after providing notice of the delinquency, or (2) the failure to provide notice of delinquency was due to an error of the Secretary of State, the Secretary of State shall promptly decertify the name of the corporation to the Franchise Tax Board. The Franchise Tax Board shall then promptly abate any penalty assessed against the corporation pursuant to

Section of the Revenue and Taxation Code. (

f) If the Secretary of State determines that the failure of a corporation to file the statement required by

Section is excusable because of reasonable cause or unusual circumstances that justify the failure, the Secretary of State may waive the penalty imposed by this

section and by

Section of the Revenue and Taxation Code, in which case the Secretary of State shall not certify the name of the corporation to the Franchise Tax Board, or if already certified, the Secretary of State shall promptly decertify the name of the corporation.

Document details

CollectionCalifornia Statutes
CitationCal. CORP § 2204
Date2015-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCORP2204.20148348