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California Constructive Notice Guide

This document provides a constructive notice to a financial institution regarding violations of law by refusing to open a non-interest bearing bank account or provide services without a social security number or taxpayer identification number. It details relevant privacy laws and that refusing such accounts or services based solely on bank policy would be discriminatory.

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Mike Smith
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100% found this document useful (1 vote)
68 views18 pages

California Constructive Notice Guide

This document provides a constructive notice to a financial institution regarding violations of law by refusing to open a non-interest bearing bank account or provide services without a social security number or taxpayer identification number. It details relevant privacy laws and that refusing such accounts or services based solely on bank policy would be discriminatory.

Uploaded by

Mike Smith
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

CONSTRUCTIVE NOTICE

To: (Name of Person being served)

Of:

(Name and address of Institution)

I. You are hereby being informed, and made aware of, by this Constructive Notice that
it is a direct violation of State of California and United States Federal Law to refuse to:

(a) Open a non-interest-bearing bank account if the party wanting to open the account
does not provide a social security account number or a taxpayer identification
number; OR

(b) Refuse to provide your services to:

1. a client, or potential client, because the client or potential client does not
provide a social security account number or a taxpayer identification number, OR

2. a Fiduciary 1041 Irrevocable "Massachusetts" business trust and/or irrevocable


contractual business organization formed under IRS Code Section 301.7701 based
solely on "bank policy"; contrary to State and Federal anti-discrimination laws.

II. You personally, and the Institution you represent, may be liable for damages and
attorney's fees to the person or persons issuing this Constructive Notice.

III. In accordance with Section 1 of Publication L.93-579, also known as the "Privacy
Act of 1974," and Title 5 of United States Code Annotated 552(a), also known as the
"Privacy Act," you are being informed of the following:

"The right to privacy is a personal and fundamental right protected by the


Constitution of the United States. You may maintain in your records only such
information about an individual as is relevant and necessary to accomplish a
purpose required by stature or by executive order of the President of the United
States."

Constructive Notice w/ California Code & Sample Forms Revised 10.01 Page 1 of 18.
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Section 7 of the Privacy Act of 1974 specifically provides that it shall be
unlawful for any Federal, State or local government agency to deny to any
individual any right, benefit, or privilege provided by law because of such
individual's refusal to disclose his social security account number." (Emphasis
Added)

"Right of privacy is a personal right designed to protect persons from unwanted


disclosure of personal information..." CNA Financial Corp. v. Local 743, D.C., Ill.,
1981, 515 F. Supp. 942, Ill.

"In enacting Section 7 of the Privacy Act of 1974, Congress sought to curtail the
expanding use of social security account numbers by federal and local agencies and,
by so doing, to eliminate the threat to individual privacy and confidentiality of
information posed by common numerical identifiers." Doyle v. Wilson; D.C. Del.,
1982, 529 G. Supp. 1343.

Under the heading Disclosure of Social Security Number, Section 7 of Pub. L. 93-
579 provides that:

"(a)(1) It shall be unlawful for any Federal, State or local government agency to
deny to any individual any right, benefit, or privilege provided by law because of
such individual's refusal to disclose his social security account number."

"(2) the provisions of paragraph (1) of this subsection shall not apply with respect
to --"

"(A) any disclosure which is required by Federal statute, or" (Emphasis Added)

"(B) the disclosure of social security number to any Federal, State, or lacal
agency maintaining a system of records in existence and operating before January
1, 1975, if such disclosure was required under statute or regulation adopted prior
to such date to verify the identity of an individual."

"(b) Any Federal, State, or local government agency which requests an individual
to disclose his social security account number shall inform that individual whether
that disclosure is mandatory or voluntary, by what statutory or other authority
such number is solicited, and what uses will be made of it." (Emphasis Added)

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An "agency is a relation created by express or implied contract or by law, whereby
one party delegates the transaction of some lawful business with a more or less
discretionary power to another." State Ex Real. Cities Service Gas v. Public Service
Commission; 85 S.W. 2d 890.

IV. If the Institution you represent is a Federal or State Chartered Bank or Credit
Union, you are advised that if such chartered Bank or Credit Union routinely collects
information and provides such information to Federal, State, or local government
agencies; then such bank or credit union is an agency of government and subject to said
laws of the government.

The 1976 amendment to the Social Security Act, codified at 42 U.S.C.A., Sec 301
et seq., 405(c)(2)(i, iii), states that there are only four (4) instances where social
security account numbers may be demanded. These are:

1. For tax matters;


2. To receive public assistance;
3. To obtain and use a driver's license; and
4. To register a motor vehicle.

You are hereby being advised that a non-interest-bearing account or an independent


trustee acting as a fiduciary to a trust does not pertain to any of the above four
instances. Because non-interest-bearing accounts do not pay any interest and
independent trustees acting as a fiduciary to a trust receive no interest from any
interest bearing accounts; there is no "need-to-know" on the part of government or
the banking institution.

V. In accordance with the Privacy Act of 1974, whenever an agency fails to comply
with the law, the party wronged may bring a civil action in the district court of the
United States against such agency. Should the court determine that the agency acted
in a manner which was intentional or wilful, the agency shall be liable to the wronged
party in an amount equal to the sum of:

1. Actual damages sustained, but in no case less than $1,000; and


2. The cost of the action together with reasonable attorney's fees.

VI. It is also unlawful under the State of California Financial Code, Corporations Code,
Department of Financial Institutions (DFI) Code, and the United States Department of
the Treasury, Office of Management and Budget, Office of the Comptroller of the
Currency (OCC), Office of Thrift Supervision (OTS), 12 USCS §§ 1-1706, etc. to
discriminate against any legal “person,” including a "Massachusetts" or business trust.

Constructive Notice w/ California Code & Sample Forms Revised 10.01 Page 3 of 18.
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VII. Both the State of California, i.e.; 3d Edition of California Jurisprudence, Volume
15, and the United States, i.e.; 2d Edition of American Jurisprudence, Volume 13,
recognize in great detail the use of “Massachusetts” or true business trusts in business
today.
15 Cal Jur 3d, Corporations, Section 551-560 states in part “Summary A business
trust can be legally established in this state ( § 551). Such a trust, also known
as a Massachusetts trust, is a form of business organization consisting essentially
of an arrangement whereby property is conveyed to trustees, to be held and
managed for the benefit of such persons as may from time to time be the holders
of transferable certificates issued by the trustees showing the shares into which the
beneficial interest in the property is divided (§ 552) ... In the absence of
controlling authority to the contrary, there is no reason why the true business trust,
with its limited liability, should not be recognized in this state (§ 554).”
[Emphasis added.]
13 Am Jur 2d, Business Trust, pg. 379, Paragraph 51 "One of the
objectives of Business Trusts is to obtain for the Trust associates, most of
the advantages of corporations, without the authority of any legislative act
and with the freedom from the restrictions and regulations generally
imposed by law upon corporations."
Even Section 101(9) of the Revised Uniform Partnership Act (RUPA),
approved in 1994 by the Conference of Commissioners on Uniform State
Laws declare a partner must be a person, defined "PERSON" as “an
individual, corporation, BUSINESS TRUST, estate, trust, partnership, joint
venture, government, governmental subdivision, agency or instrumentality,
or any other legal or commercial entity.” [Emphasis added.]
VIII. This Constructive Notice is hereby delivered to you for your immediate remedy
of this, or these, violation(s) of State of California and/or United States law.
///
//
/

Constructive Notice issued by:

Representing:

Witness: Date:

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Additional References:
The Interagency Task Force on Fair Lending in their "Policy Statement on
Discrimination in Lending," March 8, 1994, seems to have relaxed the standard for
referral of "pattern or practice" cases to the Department Of Justice for investigation
and possible prosecution. Under the current instructions to Office of the Comptroller
of the Currency (OCC) examiners; referral is automatic whenever the examiner has
reason to believe that a pattern or practice of discrimination exists. "Reason to believe"
is defined in the OCC Examining Bulletin as follows: [Emphasis added.]

"Reason to believe" exists when a reasonable person might conclude from credible
information in hand (or from additional information that appears likely to be
obtained through further investigation) that illegal discrimination occurred. The
examiner who believes personally there was not discrimination should consider
whether a reasonable person might reach the opposite conclusion. If so, "reason
to believe" exists. [Emphasis added.]

The above "Reason to believe" approach is crucial to determine if a "pattern of


practice" by banking institutions against a person, or persons, exists. It is therefore
important that we allow the law to describe who or what a "PERSON" is or, is not, and
what are the Constitutionally protected rights of each person in dealing with banks,
credit unions, savings and loan associations, etc.

First of all, no one denies that general or limited partnerships, corporations, or sole
proprietors are legal forms of conducting business in California. THEREFORE ...

Who, or What, can be the partners in a California Limited Partnership?

A “Partnership of persons...” - Section 101(9) of the Revised Uniform


Partnership Act (RUPA), approved in 1994 by the Conference of
Commissioners on Uniform State Laws declared a partner must be a person,
and further defined "PERSON" as “an individual, corporation, BUSINESS
TRUST, estate, trust, partnership, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or commercial entity.”
Likewise, according to the Uniform Partnership Act (UPA), approved in 1914 by
the Conference of Commissioners on Uniform State Laws, in Section 2 a
person “includes individuals, partnerships, corporations, and other associations”
Finally, Section 101(11) of the revised Uniform Limited Partnership Act
(RUPLA), approved by the Conference of Commissioners on Uniform State
Laws in 1976, and revised in 1985, a person “means a natural person,
partnership, limited partnership (domestic or foreign), trust estate, association
or corporation.” [Emphasis added.]

Constructive Notice w/ California Code & Sample Forms Revised 10.01 Page 5 of 18.
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What California Code says about Business Trusts?

“Massachusetts,” or business trusts are referred to in California Code as a


PERSON[S], a CORPORATION, a PUBLIC USE FORM, OTHER BUSINESS
ENTITY, a COMPANY, a DOMESTIC LIFE INSURER, an
UNINCORPORATED BUSINESS, an INSTITUTION, a TAXPAYER,
REGISTRANT, ORGANIZATION, a BUSINESS ASSOCIATION, and a
HOLDER OF THE PRIVILEGE just to name a few. Throughout California Code
the “Massachusetts,” or business trust is not discriminated against one single
time from recognition as a legal “PERSON” with all the rights, privileges, and
responsibilities of any natural citizen of the State of California.

Upon logging onto the http://california.lp.findlaw.com/ca01_codes/index.html


internet web site and typing in “business trust” as your Enter keyword(s) here:
then selecting “ALL” for the “Search the” dialog box; hundreds of links to locations
within all the California codes, statutes, and regulations which refer to “business trust”
appear. The “search” engine only displays the first 100 references [unless you specify
otherwise], none of which are duplicated.

The following are but a few of the references to "business trust" in California law.
There is not one area of California law that does not reference “business trusts” as a
legally recognized form for conducting business in the State of California.

The California Corporation Laws (Rel. 59-6/95) Pub. 050, Chapter 2, Form of Doing
Business [in California] dedicates sixty-nine pages to the different forms of doing
(conducting) business within the State of California. Section 22.07 states the following:
[Emphasis Added]

§ 22.07.7 Trusts. [1] - “Massachusetts” or Business Trust. The so-called


Massachusetts or business trust is simply an unincorporated business in which the
business assets are owned or held in the name of trustees and are operated or
managed by them for the benefit of holders of certificates of beneficial interest in
the trust. Thus, a business trust actually represents the use of a common law trust
for the purpose of carrying on a business enterprise. See Goldwater v. Oltman,
210 Cal. 408, 292 P. 624 (1930). [Emphasis Added]

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CALIFORNIA REVENUE AND TAXATION CODE SECTION 23038
§23038. (a) "CORPORATION" includes every corporation except corporations
expressly exempt from the tax by this part or the Constitution of this state. (b) (1) For
the purposes of the tax imposed under Chapter 3 (commencing with Section 23501),
"corporation" also includes associations (including nonprofit associations that perform
services, borrow money or own property), other than banking associations, and
Massachusetts or business trusts. For the purposes of this part, a Massachusetts or
business trust includes every business organization consisting essentially of an
arrangement whereby property is conveyed to one, or more than one, trustee for
purposes other than the mere conservation of assets, collecting and disbursing of fixed
or periodic income, or the securing of an obligation. This paragraph shall apply for
income or taxable years beginning before January 1, 1997. (2) (A) For the purposes of
the tax imposed under Chapter 3 (commencing with Section 23501), "corporation" also
includes associations (other than banking associations but including nonprofit
associations that perform services, borrow money or own property), business trusts,
and other business entities classified as associations. (B) (i) For purposes of the
preceding subparagraph, the classification of a business entity (including a business
trust) as an association taxable as a corporation (under Chapter 3 (commencing with
Section 23501)) shall be determined under regulations of the Franchise Tax Board,
which shall be consistent with federal regulations as in effect January 1, 1997, that
classify a business entity as a partnership or an association taxable as a corporation or
disregard the separate existence of certain business entities for tax purposes.
[Emphasis Added]

CALIFORNIA GOVERNMENT CODE SECTION 14740-14741.1

§14741.1. As used in this chapter, "PUBLIC USE FORMS" means those forms used
by the state to obtain or to solicit facts, opinions, or other information from the public
or private citizens, partnerships, corporations, organizations, business trusts, or any
nongovernmental entity or legal representative thereof. [Emphasis Added]

CALIFORNIA PROBATE CODE SECTION 20-88


§56. "PERSON" means an individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership, limited liability
company, association, or other entity.
§82. (a) "Trust" includes the following:
(1) An express trust, private or charitable, with additions thereto, wherever
and however created.
(2) A trust created or determined by a judgment or decree under which the

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trust is to be administered in the manner of an express trust.
(b) "Trust" excludes the following:
(1) Constructive trusts, other than those described in paragraph (2) of
subdivision (a), and resulting trusts.
(2) Guardianships and conservatorships.
(3) Personal representatives.
(4) Totten trust accounts.
(5) Custodial arrangements pursuant to the Uniform Gifts to Minors Act or
the Uniform Transfers to Minors Act of any state.
(6) Business trusts THAT are taxed as partnerships or corporations.
(7) Investment trusts subject to regulation under the laws of this state or any
other jurisdiction.
(8) Common trust funds.
(9) Voting trusts.
(10) Security arrangements.
(11) Transfers in trust for purpose of suit or enforcement of a claim or right.
(12) Liquidation trusts.
(13) Trusts for the primary purpose of paying debts, dividends, interest,
salaries, wages, profits, pensions, or employee benefits of any kind.
(14) Any arrangement under which a person is nominee or escrowee for
another. [Emphasis Added]

CALIFORNIA CODES CORPORATIONS CODE SECTION 16901-16917

§ 16901. In this article, the following terms have the following meanings: ...

(12) "OTHER BUSINESS ENTITY" means a limited partnership, limited


liability company, corporation, business trust, real estate investment trust, or an
unincorporated association (other than a nonprofit association), but excluding a
partnership. [Emphasis Added]

CALIFORNIA CORPORATIONS CODE SECTION 23000-23006

§23004. Section 23001 shall apply with respect to all liabilities, debts, obligations of,
and claims against, a real estate investment trust arising after the effective date of this
part, and prior law shall continue to govern with respect to liabilities, debts, obligations
and claims existing on the effective date of this part. No implication shall be created by
the adoption of this part that the holders or owners of shares of beneficial interest in
business trusts which do not meet the definition of real estate investment trust in
Section 23000 are, or are not, as such, personally liable for the liabilities, debts or
obligations of, or claims against, any such trust. [Emphasis Added]

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CALIFORNIA CORPORATIONS CODE SECTION 28030-28049

§28043. "PERSON" means any natural person, proprietorship, joint venture,


partnership, trust, business trust, syndicate, association, joint stock company,
corporation, limited liability company, government, agency of any government, or any
other organization. However, "person," when used with respect to acquiring control of
or controlling a specified person, includes any combination of two or more persons
acting in concert. [Emphasis Added]

CALIFORNIA REVENUE AND TAXATION CODE SECTION 23731-23741

§23731. Every organization or trust exempt under this chapter, except as provided in
this article, is subject to the tax imposed upon its unrelated business taxable income, as
defined in Section 23732, as follows: (a) Corporations (other than banks and financial
corporations), associations, and business trusts are subject to the tax imposed under
Section 23501. (b) Trusts are subject to the tax imposed by subdivision (e) of Section
17041. This section applies to income years beginning after December 31, 1970.
[Emphasis Added]
CALIFORNIA CODES REVENUE AND TAXATION CODE SECTION 17001-
17039.1
§17009. "CORPORATION" includes joint stock companies or associations (including
nonprofit associations that perform services, borrow money or own property, and
business trusts or other business entities taxable as a corporation under regulations of
the Franchise Tax Board) and insurance companies. "Corporation" also includes a trust
organized and operated exclusively for purposes contained in Section 23701d.
[Emphasis Added]

CALIFORNIA INSURANCE CODE SECTION 729-738

§729. As used in this article, the following terms have the following meanings:

(a) "COMPANY" means any person engaging in, or proposing or attempting to


engage in, any transaction or kind of insurance or surety business and any person
or group of persons who may otherwise be subject to the administrative, regulatory,
or taxing authority of the commissioner.
(b) "Examiner" means any individual or firm authorized by the commissioner to
conduct an examination under this article.
(c) "PERSON" means any person, association, organization, business trust,
partnership, limited liability company, or corporation, or any affiliate thereof.

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CALIFORNIA INSURANCE CODE SECTION 1-48

§19. "PERSON" means any person, association, organization, partnership, business


trust, limited liability company, or corporation. [Emphasis Added]

CALIFORNIA INSURANCE CODE SECTION 1190-1202

§1192.8. (a) A DOMESTIC LIFE INSURER having admitted assets aggregating in


value not less than one hundred million dollars ($100,000,000) may make excess
fund investments pursuant to this section in interest-bearing notes, bonds, or
obligations issued by (1) any operating business trust or limited partnership
organized under the laws of any state of the United States, the District of Columbia,
the Dominion of Canada, any province of the Dominion of Canada or (2) an
authority established pursuant to the California Industrial Development Financing
Act, Title 10 (commencing with Section 91500) of the Government Code. The
issuer of the notes, bonds, or obligations through itself or its paying agent shall be
obligated thereunder to make payments, with respect to the notes, bonds, or other
obligations, directly to the insurer or the insurer's nominee. ...
(e) This section shall not be construed to increase or reduce the authority to invest
in any operating business trust or limited partnership specifically permitted in
other sections of this code.

§1192.95. (a) Notwithstanding Section 1100, an insurer may make excess funds
investments in investment pools and cash management pools established pursuant to this
section. The pools shall meet all of the following standards:
(1) All participants in a pool shall each be affiliated with one another within the
meaning of subdivision (a) of Section 1215 and shall all be insurers, or a pension
plan or profit-sharing plan of a participant or affiliate.
(2) The pools shall be a corporation, partnership, trust, limited liability company,
or business trust domiciled in the United States with all assets held in accordance
with Section 1104.9 and shall be maintained in one or more accounts in the name
of or on behalf of the investment pool. ...

§1196.1. (f) As used in this section:


(1) "Medium grade obligations" means obligations which are rated three by the
Securities Valuation Office of the National Association of Insurance
Commissioners. (2) "Lower grade obligations" means obligations which are rated
four, five, or six by the Securities Valuation Office of the National Association of
Insurance Commissioners.
(3) "Admitted assets" means the amount shown as of the last day of the most
recently concluded annual statement year, computed in the manner prescribed by

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the commissioner.
(4) "Aggregate amount of medium grade and lower grade obligations" means the
aggregate statutory statement value of the obligation.
(5) "INSTITUTION" means
(A) any corporation, business trust, or limited partnership organized under the
laws of any state of the United States, District of Columbia, the Dominion of
Canada, any province of the Dominion of Canada or
(B) an authority established pursuant to the California Industrial Development
Financing Act, Title 10 (commencing with Section 91500) of the Government
Code. [Emphasis Added]

CALIFORNIA INSURANCE CODE SECTION 1215-1215.16

§1215. As used in this article, the following terms shall have the respective meanings
hereinafter set forth, unless the context shall otherwise require: ...
(e) “PERSON” is an individual, a corporation, a partnership, an association, a joint
stock company, a business trust, an unincorporated organization, or any similar
entity, or any combination thereof acting in concert. ... [Emphasis Added]

CALIFORNIA WATER CODE SECTION 12000-12017

§12000. As used in this part, “PERSON” means any person, firm, association,
organization, partnership, business trust, corporation, or company, but not including
any public corporation or other public entity. [Emphasis Added]

CALIFORNIA WATER CODE SECTION 10810-10816

§10813. “PERSON” means any individual, firm, association, organization, partnership,


business trust, corporation, company, public agency, or any agency of such an entity.
[Emphasis Added]

CALIFORNIA PUBLIC RESOURCES CODE SECTION 4101-4104

§4101. “PERSON” includes any agency of the state, county, city, district, or other local
public agency, and any individual, firm, association, partnership, business trust,
corporation, limited liability company, or company. [Emphasis Added]

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CALIFORNIA MILITARY AND VETERANS CODE SECTION 480-480.2

§480.2. The following terms, wherever used or referred to in this chapter, shall have the
following meanings, respectively, unless a different meaning appears from the context:

(a) "Department" means the Military Department of the State of California, as the
same is constituted by the provisions of Section 50, and any successor to such
office, or the Department of Veterans Affairs or the California Housing Finance
Agency as to any function assigned pursuant to the provisions of Section 270.04.
(b) “PERSON” means any individual, firm, corporation, association, partnership,
limited liability company, trust, business trust, or receiver or trustee or conservator
for any thereof, but does not include this state or any public corporation, political
subdivision, city, county, district, or agency of this state. ... [Emphasis Added]

CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 16200-16205

§16205. "TAXPAYER" includes every individual, person, firm, partnership, joint


adventure, association, corporation, estate, trust, business trust, receiver, syndicate and
artificial legal entity subject to or liable for any fee, tax or charge. [Emphasis
Added]

CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 14000-14004

§14001. As used in this division, “PERSON” means any person, association,


organization, partnership, business trust, limited liability company, or corporation.
[Emphasis Added]

CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE SECTION


17900-17930

§ 17913. (a) The fictitious business name statement shall contain all of the information
required by this subdivision and shall be substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT. The following “PERSON”
(persons) is (are) doing business as ... [see sample on page 17]

(b)(3) ... If the registrant is a business trust, insert the full name and address of
each trustee. If the registrant is a corporation, insert the name of the corporation as
set out in its articles of incorporation and the state of incorporation.
(4) ... [I]nsert whichever of the following best describes the nature of the business:
(i) "an individual," (ii) "a general partnership," (iii) "a limited partnership," (iv)
"a limited liability company," (v) "an unincorporated association other than a

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partnership," (vi) "a corporation," (vii) "a business trust," (viii) "copartners," (ix)
"husband and wife," (x) "joint venture," or (xi) "other--please specify."

§ 17914. If the “REGISTRANT” is an individual, the statement shall be signed by the


individual; if a partnership or other association of persons, by a general partner; if a
limited liability company, by a manager or officer; if a business trust, by a trustee; if
a corporation, by an officer.

§ 17922. (a) A “PERSON” who has filed a fictitious business name statement may,
upon ceasing to transact business in this state under that fictitious business name, file
a statement of abandonment of use of fictitious business name. The statement shall be
executed in the same manner as a fictitious business name statement and shall be filed
with the county clerk of the county in which the person has filed his fictitious business
name statement. The statement shall be published in the same manner as a fictitious
business name statement and an affidavit showing its publication shall be filed with the
county clerk after the completion of publication. (b) The statement shall include: (1)
The name being abandoned and the street address of the principal place of business. (2)
The date on which the fictitious business name statement relating to the fictitious
business name being abandoned was filed and the county where filed. (3) In the case of
an individual, the full name and address of the individual. (4) In the case of a
partnership or other association of persons, the full names and residence addresses of
all the general partners. (5) In the case of a corporation, the name of the corporation as
set forth in its articles of incorporation. (6) In the case of a business trust, the full name
and residence address of each of the trustees. [Emphasis Added]

CALIFORNIA EDUCATION CODE SECTION 92400-92410

§92400. This chapter may be cited as "the University of California Dormitory Revenue
Bond Act of 1947."

§92405. “PERSON” includes any individual, firm, corporation, association,


copartnership, trust, business trust, or receiver or trustee or conservator for any
individual or any such entity. It does not, however, include the state or any public
corporation, political subdivision, city, county, district, or any agency of any such entity
or of the state. [Emphasis Added]

CALIFORNIA FAMILY CODE SECTION 50-155

§50. Unless the provision or context otherwise requires, the definitions and rules of
construction in this part govern the construction of this code.

§105. “PERSON” includes a natural person, firm, association, organization,


partnership, business trust, corporation, limited liability company, or public entity.
[Emphasis Added]

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CALIFORNIA FINANCIAL CODE SECTION 1-22

18. “PERSON” includes any person, firm, partnership, association, corporation,


company, limited liability company, syndicate, estate, trust, business trust, or
organization of any kind. [Emphasis Added]

CALIFORNIA GOVERNMENT CODE SECTION 85200-85206

85206. Organization "ORGANIZATION" means a proprietorship, labor union, firm,


partnership, joint venture, syndicate, business trust, company, corporation, association
or committee which has 25 or more employees, shareholders, contributors, or members.
[Emphasis Added]

CALIFORNIA GOVERNMENT CODE SECTION 40506-40518

40515. “PERSON” includes any individual, firm, copartnership, association,


corporation, trust, business trust or receiver or trustee or conservator for any thereof.
[Emphasis Added]

CALIFORNIA HARBORS AND NAVIGATION CODE SECTION 1-25

§ 19. “PERSON” means any person, firm, association, organization, partnership,


limited liability company, business trust, corporation, or company. [Emphasis
Added]

CALIFORNIA HEALTH AND SAFETY CODE SECTION 101550-101565

§ 101560. Unless the context otherwise requires, this article governs the construction
of this chapter. As used in this chapter: (a) "Authority" means the Monterey County
Special Health Care Authority. (b) "Board" means the Monterey County Special Health
Care Authority Board. (c) "County" means the County of Monterey. (d) "Health care
system" means any system established to arrange for the provision of medical services.
(e) "Public agency" means the United States, the State of California, any political
subdivision, county, municipality, district, or agency of the State of California or of the
United States and any department, bureau or commission of the State of California or
of the United States. (f) “PERSON” means any individual, firm, partnership,
association, corporation, limited liability company, trust, business trust, or the receiver
or trustee or conservator for any of the above, but does not include a public agency.
[Emphasis Added]

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CALIFORNIA PUBLIC UTILITIES CODE SECTION 103010-103022

§ 103019. “PERSON” includes any individual, firm, partnership, association,


corporation, limited liability company, trust, business trust, or the receiver or trustee
or conservator for any thereof, but does not include a public agency, as defined in
Section 103016. [Emphasis Added]

CALIFORNIA PUBLIC UTILITIES CODE SECTION 102010-102023

§ 102020. “PERSON” includes any individual, firm, partnership, association,


corporation, limited liability company, trust, or business trust, or the receiver, trustee,
or conservator for any thereof, but does not include a public agency, as defined in
Section 102017. [Emphasis Added]

CALIFORNIA WATER CODE SECTION 1-26

§ 19. “PERSON” means any person, firm, association, organization, partnership,


business trust, corporation, limited liability company, or company. [Emphasis
Added]

CALIFORNIA CIVIL CODE SECTION 3426-3426.11

§ 3426.1. As used in this title, unless the context requires otherwise: ...
(c) “PERSON” means a natural person, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, government,
governmental subdivision or agency, or any other legal or commercial entity. ...
[Emphasis Added]

CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1500-1506

§ 1501. As used in this chapter, unless the context otherwise requires: ...
(c) "BUSINESS ASSOCIATION" means any private corporation, joint stock
company, business trust, partnership, or any association for business purposes of
two or more individuals, whether or not for profit, including, but not by way of
limitation, a banking organization, financial organization, life insurance
corporation, and utility. [Emphasis Added]

CALIFORNIA EVIDENCE CODE SECTION 950-962

§ 953. As used in this article, "HOLDER OF THE PRIVILEGE" means: (a) The
client when he has no guardian or conservator. (b) A guardian or conservator of the
client when the client has a guardian or conservator. (c) The personal representative of

Constructive Notice w/ California Code & Sample Forms Revised 10.01 Page 15 of 18.
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the client if the client is dead. (d) A successor, assign, trustee in dissolution, or any
similar representative of a firm, association, organization, partnership, business trust,
corporation, or public entity that is no longer in existence. [Emphasis Added]

CALIFORNIA EVIDENCE CODE SECTION 100-260

§ 175. “PERSON” includes a natural person, firm, association, organization,


partnership, business trust, corporation, limited liability company, or public entity.
[Emphasis Added]

CALIFORNIA GOVERNMENT CODE SECTION 12600-12612

§ 12604. As used in this article, “PERSON” includes any person, firm, association,
organization, partnership, business trust, corporation, limited liability company,
company, district, county, city and county, city, town, the state, and any of the agencies
and political subdivisions of such entities. [Emphasis Added]

CALIFORNIA FISH AND GAME CODE SECTION 700-715

§ 711.2. (a) For purposes of this article, unless the context otherwise requires, "wildlife"
means and includes all wild animals, birds, plants, fish, amphibians, and related
ecological communities, including the habitat upon which the wildlife depends for its
continued viability and "project" has the same meaning as defined in Section 21065 of
the Public Resources Code. (b) For purposes of this article, “PERSON” includes any
individual, firm, association, organization, partnership, business trust, corporation,
limited liability company, company, district, county, city and county, city, town, the
state, and any of the agencies of those entities. [Emphasis Added]

PLUS HUNDREDS MORE . . . TO MANY TO LIST.

The California "Fictitious Business Name Statement" application, revised


05/99, on the next page further indicates that the State of California accepts
the "Massachusetts" or true business trust as a form of doing business in all
58 counties of California.

PLEASE PAY SPECIAL ATTENTION TO SECTION 4 BELOW.

(e.g.; look for the types of business ALLOWED in California to do business.)

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Even the State Board of Equalization recognizes business trusts.

PLEASE PAY SPECIAL ATTENTION TO SECTION 1 BELOW.

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The above are just two of the hundreds of state filings acknowledging business trusts.

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