Corp. Code, § 5008.6 · Part 1. GENERAL PROVISIONS AND DEFINITIONS GOVERNING PARTS 1 THROUGH 5
Corp. Code, § 5008.6
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A corporation that (1) fails to file a statement pursuant to Section 6210, 8210, or 9660 for an applicable filing period, (2) has not filed a statement pursuant to Section 6210, 8210, or 9660 during the preceding 24 months, and (3) was certified for penalty pursuant to Section 6810, 8810, or 9690 for the same filing period, shall be subject to suspension pursuant to this section rather than to penalty under Section 6810 or 8810.
(b) When subdivision (a) is applicable, the Secretary of State shall provide a notice to the corporation informing the corporation that its corporate powers, rights, and privileges will be suspended 60 days from the date of the notice if the corporation does not file the statement required by Section 6210, 8210, or 9660.
(c) If the 60-day period expires without the delinquent corporation filing the required statement, the Secretary of State shall notify the Franchise Tax Board of the suspension, and provide a notice of the suspension to the corporation. Thereupon, except for the purpose of filing an application for exempt status or amending the articles of incorporation as necessary either to perfect that application or to set forth a new name, the corporate powers, rights, and privileges of the corporation are suspended.
(d) A statement required by Section 6210, 8210, or 9660 may be filed, notwithstanding suspension of the corporate powers, rights, and privileges under this section or under provisions of the Revenue and Taxation Code. Upon the filing of a statement under Section 6210, 8210, or 9660, by a corporation that has suffered suspension under this section, the Secretary of State shall certify that fact to the Franchise Tax Board and the corporation may thereupon be relieved from suspension, unless the corporation is held in suspension by the Franchise Tax Board because of Section 23301, 23301.5, or 23775 of the Revenue and Taxation Code.
Notes and commentary — not statutory text
History
Amended by Stats. 2012, Ch. 494, Sec. 12. (SB 1532) Effective January 1, 2013.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CORP§ionNum=5008.6.
- Text hash
- sha256 279dbf9b8449b54b1be502f549c8fb3c892c3ad338b33e27743d681170dc6149
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Corporations Code
- Corp. Code, § 6210Printed as Section 6210, 8210, or 9660
- Corp. Code, § 6810Printed as Section 6810 or 8810 | Section 6810, 8810, or 9690
- Corp. Code, § 8210Printed as Section 6210, 8210, or 9660
- Corp. Code, § 8810Printed as Section 6810 or 8810 | Section 6810, 8810, or 9690
- Corp. Code, § 9660Printed as Section 6210, 8210, or 9660
- Corp. Code, § 9690Printed as Section 6810, 8810, or 9690
Revenue and Taxation Code
- Rev. & Tax. Code, § 23301Printed as Section 23301, 23301.5, or 23775 of the Revenue and Taxation Code
- Rev. & Tax. Code, § 23301.5Printed as Section 23301, 23301.5, or 23775 of the Revenue and Taxation Code
- Rev. & Tax. Code, § 23775Printed as Section 23301, 23301.5, or 23775 of the Revenue and Taxation Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.