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Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Legislative Update – Effective January 1st, 2019

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For any questions please contact your account manager or call 800.406.1577. ALABAMA: House Bill 72 (Act 2018-25), revises the Alabama Partnership Act to provide procedures for formation, powers, governance, and dissolution applicable to domestic and foreign LLPs and LLLPs. CALIFORNIA: Assembly Bill 2237 (Chapter 2018-76), amends the Corporations Code requiring shareholder inspections to be conducted of the accounting records and board… >> READ MORE

Delaware Legislation

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The following updates to Delaware legislation are effective August 1, 2019. SB 88 - Chapter 48 Amends the General Corporation Law (GCL), adding new provisions relating to documentation of transactions, the execution, and delivery of paper/electronic documents. Revisions were made to default provisions applicable to stockholder notices and updates to provisions governing notices of appraisal rights and stockholder consents delivered by… >> READ MORE

Texas Revised Assumed Name Filing Requirements

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Texas House Bill 3609: Effective September 1st, 2019 Amends the Assumed Business or Professional Name section (Title 5, Chapter 71) of Texas Business and Commerce Code to remove county filing requirements. Assumed Name Requirements Entities required to file Certificates of Assumed Name if regularly doing business under an assumed name: • Domestic Business Corporations • Limited Liability Companies (LLCs) • Limited Liability… >> READ MORE

Legislation Effective September 1st

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Texas House Bill 1159 Relates to acknowledgment of written instruments on behalf of limited liability companies. Senate Bill 1258 Provides for prosecution under the Penal Code of LLCs and other entities governed by the Business Organizations Code. House Bill 3609 Provides for business entities to file assumed name certificates only in the office of the Secretary of State and repeals the requirement to also file in county clerk… >> READ MORE

California Consumer Privacy Act Now In Effect

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The California Consumer Privacy Act (CCPA), a comprehensive consumer protection law that redefines what is considered personal information and how that information is handled, took effect January 1, 2020, impacting companies doing business in the Golden State. Text of the CCPA can be found here. The CCPA places new requirements on a wide range of businesses that interact with the personal information of Californians regarding the collection,… >> READ MORE

New Massachusetts LP and LLC Regulations

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As of October 30th, 2009, Massachusetts has approved new regulations pertaining to Limited Partnerships and Limited Liability Companies. Copies of these regulations can be found here: http://www.sec.state.ma.us/COR/ One of the perks: in the past, if you were merging a MA LLC and a MC Corp., you had to provide both a filing for the Corp as well as a filing for the LLC; according to the new regulations, now you only have to submit one filing… >> READ MORE

TRID: The Acronym Of Acronyms

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So what is TRID anyway? It went into effect October 1, 2015, and by now most of you have heard of it but perhaps there is still some confusion about what it is and why it came to be. We’ll try to fill in some blanks below. TRID is an acronym for the mortgage form acronyms TILA and RESPA and is a result of the new closing disclosure rules that came out of Dodd-Frank. It’s an attempt to merge the two forms to eliminate, or at least… >> READ MORE

Important Information For FBN Filers In California

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Do You File FBN Statements In California? California Senate Bill 1467 amended Business and Professions Code sections 17901, 17913, 17914 and 17916 and went into effect January 1, 2015. With the implementation of this bill most counties in California revised their Fictitious Business Name Statement forms and also added some supplemental forms to meet the Senate Bill’s requirements. An issue has arisen with the implementation of the… >> READ MORE

2015 – 2016 California State Holiday Schedule

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In order to help you prepare, the following is the current list of California Secretary of State holiday closures for the remainder of the 2015 year and for next year 2016. This list is subject to change. State Holiday Schedule through 2015: Wednesday, November 11, 2015 – Veterans Day Thursday, November 26, 2015 – Thanksgiving Day Friday, November 27, 2015 – Day after Thanksgiving Friday, December 25, 2015 – Christmas… >> READ MORE

Individual Debtor Name Requirement For Oregon UCC Filings To Change

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Effective January 1, 2016, individual debtor names listed on new UCC-1 filings will need to match the name found on their Oregon driver’s license or Oregon-issued state ID card. This requirement, signed into law by Governor Kate Brown on June 22, 2015, will also apply to the next continuation for existing UCC filings. Currently, the name a person “is commonly known by,” also referred to as Alternative B, is acceptable for naming… >> READ MORE