Section § 10400

Explanation

This law allows for the creation of nonprofit corporations focused on preventing animal cruelty. To form such a corporation, at least 20 people who live in California and are its citizens must agree to it. If the organization was established on or after January 1, 2011, its founding documents must specifically mention it was created under this rule.

Corporations for the prevention of cruelty to animals may be formed under the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110)) by 20 or more persons, who shall be citizens and residents of this state. If the corporation is formed on or after January 1, 2011, its articles of incorporation shall specifically state that the corporation is being formed pursuant to this section.

Section § 10403

Explanation

Corporations of this kind can own or receive property through gifts, purchases, wills, or bequests and do what they wish with it. However, they are not allowed to own real estate that generates more than $50,000 in annual income.

Every such corporation may take by gift, purchase, devise, or bequest, any property, real or personal, and hold it or dispose thereof at its pleasure; but no such corporation shall hold real property the annual income of which exceeds fifty thousand dollars ($50,000).

Section § 10404

Explanation

This law allows corporations or humane officers to file complaints against anyone who breaks animal-related laws. They can also assist in the legal process to prosecute the person accused of the violation.

Any such corporation, or humane officer thereof, may proffer a complaint against any person, before any court or magistrate having jurisdiction, for the violation of any law relating to or affecting animals and may aid in the prosecution of the offender before the court or magistrate.

Section § 10405

Explanation

This law requires all law enforcement, like police, sheriffs, and magistrates, to help animal-related organizations enforce animal protection laws whenever needed.

All magistrates, sheriffs, and officers of police shall, as occasion may require, aid any such corporation, its officers, members, and agents, in the enforcement of all laws relating to or affecting animals.

Section § 10406

Explanation

This law applies to all animal cruelty prevention corporations in California, no matter when they were formed. However, it doesn't apply to any group that tries to use a name too similar to an existing organization with the same purpose.

This part applies to all corporations for the prevention of cruelty to animals, whether formed prior to or after May 20, 1905, but does not apply to any association, society, or corporation that uses or specifies a name or style the same, or substantially the same, as that of any previously existing society or corporation in this state organized for a like purpose.