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CALIFORNIA CORPORATE & SECURITIES LAW

Court Of Appeal Reaffirms Lender’s Refusal To Loan To LLC Based On Felonious Investor In Manager

In May, I wrote this post about a decision by the Second District Court of Appeal finding that a lender did not violate California’s Unruh Civil Rights Act when it declined to make a loan to a limited liability company whose managing member included a convicted felon.  The Court of Appeal on its own motion…

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LLC Contractor Licensing – “We’re Not Even Talking About That.”

I’ve welcomed the enactment of SB 392 (Florez) which authorizes the Contractors’ State License Board to issue contractor’s licenses to limited liability companies.  Potential LLC licensees should note, however, that SB 392 imposes significant surety bond and liability insurance requirements on LLC’s.  Because SB 392 takes effect in a few weeks, I called the CSLB to ask…

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LLC Contractor Bill Is Held At Desk

On September 3, 2010, I wrote that SB 392 (Florez) had made it to enrollment.  This bill authorizes the State Contractors’ License Board to issue a contractor’s license to a limited liability company.  Normally, a bill is sent to the Governor after enrollment.  Cal. Const. Art. IV, § 10(a) (“Each bill passed by the Legislature shall…

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Will Your Next Construction Contractor be an LLC?

Speaking of professional services, the Beverly-Killea Limited Liability Company Act generally does not authorize domestic and foreign limited liability companies to engage in professional services.  Consequently, a limited liability company cannot obtain a license as a construction contractor in California.  Last year, Senator Florez introduced SB 392 to permit LLCs to obtain a contractor’s license. …

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