Obligations Arising From Particular TransactionsIdentity Theft in Business Entity Filings

Section § 1798.200

Explanation

This section defines key terms used in the law. 'Business entity filing' refers to documents certain businesses must file with the Secretary of State according to specific parts of California law. 'Personal identifying information' is defined based on a different section of the Penal Code. 'Person' includes individuals and various types of organizations, like companies and partnerships.

For purposes of this title, the following terms are defined as follows:
(a)CA Civil Law Code § 1798.200(a) “Business entity filing” means a document required by law to be filed with the Secretary of State pursuant to the Corporations Code, the Financial Code, or the Insurance Code.
(b)CA Civil Law Code § 1798.200(b) “Personal identifying information” has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(c)CA Civil Law Code § 1798.200(c) “Person” means a natural person, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity.
business entity filing Secretary of State Corporations Code ...

Section § 1798.201

Explanation

If you've found out or think your personal information was used illegally in a company's paperwork, you can ask a court near where you live to hold a hearing. This can help resolve issues over why your info might not match your true identity and why it's tied to the company. You need to start by reporting this to law enforcement. The court can then order the person using your information to explain themselves.

A person who has learned or reasonably suspects that his or her personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing, and has initiated a law enforcement investigation in accordance with subdivision (a) of Section 530.6 of the Penal Code, may petition the superior court in the county in which the person resides for an order, which may be granted ex parte, directing the alleged perpetrator of the act described in paragraph (1) of subdivision (c) of Section 530.5 of the Penal Code, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court and show cause for both of the following:
(a)CA Civil Law Code § 1798.201(a) Why the personal identifying information should not be labeled to show the information is impersonated and does not reflect the person’s identity.
(b)CA Civil Law Code § 1798.201(b) Why the personal identifying information should be associated with the business entity.
personal identifying information misuse unlawful use business entity filing ...

Section § 1798.202

Explanation

This law explains the process when someone petitions the court because their personal information was used without permission, in a business filing. The court looks at the evidence and, if it finds the information was used illegally, it will authorize actions to protect the victim. These actions include marking or removing their data from public records to indicate impersonation. The court's decision can be changed if the petition is later found to be based on fraud. Standard forms will be developed for these actions, and the order must be filed with the Secretary of State. If a business doesn't update their information after the order, the business might be canceled.

(a)CA Civil Law Code § 1798.202(a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.
(b)CA Civil Law Code § 1798.202(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victim’s personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victim’s personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.
(c)CA Civil Law Code § 1798.202(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:
(1)CA Civil Law Code § 1798.202(c)(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victim’s identity.
(2)CA Civil Law Code § 1798.202(c)(2) Order the data to be removed from publicly accessible electronic indexes and databases.
(d)CA Civil Law Code § 1798.202(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.
(e)CA Civil Law Code § 1798.202(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.
(f)CA Civil Law Code § 1798.202(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.
(g)CA Civil Law Code § 1798.202(g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c).
personal identifying information business entity filing court petition ...

Section § 1798.203

Explanation

If someone finds out that their personal information has been used illegally in a business filing, they can file a disclaimer with the California Secretary of State. This form, which must be signed under oath, allows them to state that they didn't approve the use of their information in the business documents. The filing must include important details about the business and specify exactly how their information was misused. This disclaimer doesn't imply legal conclusions or suggest that any legal action has been taken. Filing this form costs $30.

(a)CA Civil Law Code § 1798.203(a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer.
(b)CA Civil Law Code § 1798.203(b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information:
(1)CA Civil Law Code § 1798.203(b)(1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State.
(2)CA Civil Law Code § 1798.203(b)(2) The Secretary of State file number for the corporation, limited liability company, or limited partnership.
(3)CA Civil Law Code § 1798.203(b)(3) The entity type.
(4)CA Civil Law Code § 1798.203(b)(4) The date the business entity document containing their personal identifying information was filed.
(5)CA Civil Law Code § 1798.203(b)(5) The title of the business entity document that contained their personal identifying information.
(6)CA Civil Law Code § 1798.203(b)(6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing.
(7)CA Civil Law Code § 1798.203(b)(7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code.
(8)CA Civil Law Code § 1798.203(b)(8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document.
(c)CA Civil Law Code § 1798.203(c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form.
personal identifying information unlawful use business entity ...