Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, is guilty of a public offense.
Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been unlawfully used by another, as described, to initiate a law enforcement investigation, as specified. Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been used unlawfully in a business entity filing, as defined, and has initiated a law enforcement investigation, as prescribed, to petition the superior court for an order directing the alleged perpetrator, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court, as specified. Existing law requires the court, after determining if the petition is meritorious, to order certain information in the business entity filing be redacted or removed from publicly accessible electronic indexes and databases, and file that order with the Secretary of State.
This bill would, if an order has been filed with the Secretary of State as described above within the record of a limited liability company or a corporation, authorize the Secretary of State to cancel that business entity, as provided.
This bill would also authorize a person who has learned that their personal identifying information has been used unlawfully in a business entity filing to file with the Secretary of State a disclaimer of proper authority, as prescribed, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer. The bill would prescribe a fee of $30 to file a disclaimer of proper authority to cover the reasonable costs to the Secretary of State of processing that form. The bill would require the disclaimer of proper authority to be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
SB1168: 1798.202 CIV
02/14/24 - Introduced: 1798.202 CIV, 110.5 CORP, 5008.5 CORP, 12214.5 CORP, 15902.01 CORP, 15909.05 CORP, 16105 CORP, 17702.01 CORP, 17708.06 CORP
03/21/24 - Amended Senate: 1798.202 CIV, 110.5 CORP, 5008.5 CORP, 12214.5 CORP, 15902.01 CORP, 15909.05 CORP, 16105 CORP, 17702.01 CORP, 17708.06 CORP
08/16/24 - Enrolled: 1798.202 CIV
09/27/24 - Chaptered: 1798.202 CIV
SB 1168: 1798.202 CIV, 110.5 CORP, 5008.5 CORP, 12214.5 CORP, 15902.01 CORP, 15909.05 CORP, 16105 CORP, 17702.01 CORP, 17708.06 CORP