When the clock strikes midnight on December 31, 2012, new rules will be imposed on California businesses wishing to file various documents with the California secretary of state. The new rules have been imposed to improve transparency of business filings that the state receives.
Under the old rules, for instance, companies could use a cover letter to request the state to hold and file documents at a future date rather than on the date they were actually received. Under the new rules, documents filed in this way will still be allowed. However, the request for later filing must be placed in the document itself. This will make it clearer to those reviewing the documents later exactly when the documents were presented.
This is especially important when attorneys draft documents for your company, as they must now be sure to include the actual date they are presenting the document to the government, as well as the requested filing date. The rules apply retroactively: those businesses filing requests in November or December of 2012 with filing dates on or after January 1, 2013 will also be required to follow the new rules.
In addition, post office box addresses will no longer be accepted when filing such documents. As of 2013, all documents must include a California street address for the agent of the company making the filing request. Procedures and fees for certified copies have also changed.
It is vital that your company work with experienced corporate attorneys who are capable of drafting your corporate documents correctly. Failing to do so may cause your company unnecessary expense and delays.