Monday, March 15, 2021
California s female and underrepresented communities quota requirements apply to publicly-held corporations . California s Corporate Disclosure Statement requirement applies to publicly-traded corporations . California s Secretary of State s website describes publicly held corporations as a subset of publicly traded corporations . This is not strictly accurate.
Moreover, not ever foreign corporation meeting the definition of a publicly held corporation is required to file a Corporate Disclosure Statement pursuant to California Corporations Code Section 2117.1. Why? A foreign publicly held corporation is required to file a Corporate Disclosure Statement only if it has registered to transact intrastate business pursuant to Section 2117. Some publicly-held corporations do not transact intrastate business in California. They may, for example, simply be holding companies. Under Section 191(b) a foreign corporation is not be co