REVISIONS TO UPDATE CALIFORNIA CORPORATIONS CODE TO ADD 2025

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The document outlines a legislative proposal by the Corporations Committee of the Business Law Section of the State Bar of California to amend Sections 207 and 212 of the California Corporations Code. The proposed amendments aim to introduce emergency powers and bylaw provisions that would allow corporations to maintain operations during emergencies, such as natural disasters or acts of terrorism. The changes are intended to enhance corporate efficiency and effectiveness by providing clear guidelines for corporate actions in crisis situations, ensuring continuity of business operations, and protecting directors and officers from liability when acting in good faith during emergencies.
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Section 2115 of the California Corporations Code requires cor- porations not incorporated in California but with a substantial presence in California (called a quasi-California corporation), to comply with specified provi- sions of the California Corporations Code.
The certificate of the Secretary of State, under the Secretary of States official seal, certifying to the receipt of process, the giving of notice thereof to the corporation and the forwarding of such process pursuant to this section, shall be competent and prima facie evidence of the matters stated therein.
The written consent or consents shall be filed with the minutes of the proceedings of the members. The action by written consent shall have the same force and effect as the unanimous vote of the members.
1101. (a) The board of each corporation that desires to merge shall approve an agreement of merger. The constituent corporations shall be parties to the agreement of merger and other persons, including a parent party (Section 1200), may be parties to the agreement of merger.
Resolutions of the board of directors approving an amendment to a California corporations bylaws. These resolutions are drafted as standard clauses to be inserted into board minutes or a unanimous written consent. This Standard Clause has integrated notes with important explanations and drafting tips.

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(i) A corporation shall have power to purchase and maintain insurance on behalf of an agent of the corporation against any liability asserted against or incurred by the agent in that capacity or arising out of the agents status as such whether or not the corporation would have the power to indemnify the agent against
A corporation is an affiliate of, or a corporation is affiliated with, another specified corporation if it directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the other specified corporation.
12630. (a) Any corporation may elect voluntarily to wind up and dissolve (1) by approval of a majority of all members (Section 12223) or (2) by approval of the board and approval of the members (Section 12224).

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