calendar year and the first Monday in March of the following calendar year. [Amendment approved May 25, 1921; Stats. 1921, p. 606.] This section was also amended in 1917 (Stats. 1917, p. 377). § 13. No dissolution until tax paid. No court shall have jurisdiction to make or enter any decree of dissolutior of any domestic corporation until all taxes and penalties due under this act shall have been paid. [Amended 1917, p. 378.] § 14. Restoration of right to do business. Use of new name. Any corporation which has heretofore failed to pay any license tax and penalty imposed under the provisions of chapter three hundred eightysix, statutes 1905, and amendments thereof or under chapter one hundred ninety, statutes of 1915, and for such nonpayment suffered a forfeiture of the charter of such corporation or of the right to do business in this state may be relieved of such forfeiture or may be restored to its right to do business in this state upon making application therefor in writing and paying the license tax and penalties prescribed by said act for nonpayment of which such forfeiture occurred. Application for restoration under the provisions of this section may be made by any stockholder or creditor of such corporation or by a majority of the surviving trustees or directors of such corporation and the same shall be filed with the state controller. Upon payment of the moneys due the state under the provisions of said act for the one year in which such forfeiture occurred together with any taxes levied in such year under subdivision (d) of section fourteen, article thirteen of the constitution by the state board of equalization, and the license tax due under the provisions of this act, the state controller shall issue a certificate of revivor to such corporation and thereupon such corporation is revived and its powers restored to full force and effect. The revivor of a corporation, under the provisions of this section, shall be without prejudice to any action or proceeding, defense or right, which has occurred by reason of the original forfeiture. Use of new name. In case the name of any corporation which has suffered the forfeiture prescribed by either of said acts first in this section above mentioned, has been adopted by any other corporation since the date of said forfeiture, or in case any corporation has adopted subsequent to such forfeiture any name so closely resembling the name of such reviving corporation as will tend to deceive, then such reviving corporation shall be entitled to a certificate of revivor pursuant to the terms of this section only upon the adoption by such corporation seeking revivor of a new name, and in such case nothing in this section contained shall be construed as permitting such reviving corporation to carry on any business under its former name. Such reviving corporation shall have the right to use its former name or take such new name only upon filing an application there for with the secretary of state, and upon the issuing of a certificate to such corporation by the secretary of state setting forth the right of such corporation to take such new name or use its former name as the case may be. Use of name of existing corporation forbidden. The secretary of state shall not issue any certificate permitting any corporation to take or use the name of any corporation heretofore organized in this state and which has not suffered a forfeiture under either of the acts in this section first above mentioned, or to take or use a name so closely resembling the name of any corporation heretofore organized in this state as will tend to deceive. The provisions of title nine, part three of the Code of Civil Procedure, in so far as they conflict with this section of this act are not applicable to corporations seeking revivor under this act. [Amendment approved May 27, 1921; Stats. 1921, p. 766.] This section was also amended in 1917, p. 378. § 15. Surrender of right to engage in intrastate business. Reacquirement of right. Any foreign corporation may file with the secretary of state a certificate, signed by its president or vice-president or secretary or assistant secretary, setting forth that it has ceased to do intrastate business in this state and that it hereby surrenders its right to engage in such business, and thereupon the right of such corporation to transact such business shall terminate and it shall not thereafter be subject to the tax herein prescribed. It shall be unlawful for any such corporation to exercise its corporate powers in transacting any intrastate business in this state after the filing of such certificate. Each and every person who exercises any of the powers of such corporation in the transaction of intrastate business or who transacts any intrastate business for or in behalf of such corporation after such filing shall be subject to penalties prescribed by section eleven of this act. Reacquirement of right. Any such corporation may resume the transaction of intrastate business in this state at any time thereafter upon filing its application for a license therefor with the secretary of state and an affidavit by its president or secretary setting forth the amount of its authorized capital stock, and copies of any documents authorizing changes in capital stock not of record in his office which copies shall be certified as herein provided and upon paying a tax for the unexpired portion of the year which shall be measured by its authorized capital stock and which shall be that portion of the license tax specified in section three of this act which the unexpired number of months of such year, including the month in which such license is issued, bears to the entire year. [Amendment approved June 20, 1923. Stats. 1923, p. 1037.] This section was also amended in 1917, p. 359. §16. False statement. Any false statement contained in any of the affidavits herein required shall constitute perjury, and shall be punishable as such. [Amended 1917, p. 379.] The amendment of 1917 made no changes in this section. § 17. Moneys paid. All moneys herein required to be paid shall, upon collection, be immediately paid into the state treasury. [Amended 1917, p. 379.] § 18. Statutes unaffected. Nothing in this act shall be construed as affecting or repealing any statute of this state respecting the assessment of franchises and levying of taxes thereon, as required by section fourteen, article thirteen of the constitution and chapter three hundred thirty-five of statutes of one thousand nine hundred eleven of this state and amendments thereof. [Amended 1917, p. 380.] 1927 1927 § 19. Title. This act shall be known as the "corporation license act." The amendatory act of 1917 also contained the following provision: § 2. In effect. This act, inasmuch as it provides for a tax levy, shall, under the provisions of section one of article four of the constitution, take effect immediately. Forfeiture of franchise, action against trustees: See Code Civ. Proc., § 416. ACT 1744. An act requiring corporations organized under the laws of another state, territory, or foreign country, to file a certified copy of their articles of incorporation in the office of the secretary of state, and a certified copy thereof, duly certified by the secretary of state of this state in the office of the county clerk of the county where its principal place of business is located and also where such corporation owns property, and requiring such corporation to pay to the secretary of state the same fees as are paid by corporations formed under the laws of the state of California, and providing for a penalty for the violation of the provisions of this act. [Approved March 8, 1901; Stats. 1901, p. 108.] Codified by sections 408, 409 and 410 of the Civil Code adopted in 1905. For former acts on the subject, see Stats. 1869-70, p. 881, and Stats. 1871-72, p. 826. ACT 1745. Concerning foreign corporations. [Stats. 1869-70, p. 881.] "In many respects superseded by 1871-72, 826, as amended by 1889, 111."-Code Commissioner's Note. This act provided that foreign corporations designate some person upon whom process may be served. Compare § 616, Political Code, § 406, Civil Code, and see Harregan v. Home L. I. Co., 128 Cal. 531. ACT 1746. Foreign corporations. [Stats. 1871-72, p. 826.] Amended 1899, p. 111. It was codified by § 405 et seq. of the Civil Code, adopted 1905. An act requiring every corporation doing business in this state to pay Unconstitutional as discriminatory: Johnson v. Goodyear Min. Co., 127 Cal. 4, 78 Am. St. Rep. 17, 47 L. R. A. 338, 59 Pac. 304. Constitutionality upheld on other grounds: Skinner v. Garnett G. M. Co., 96 Fed. 735. ACT 1748. To provide for the payment of wages of mechanics and laborers employed by corporations. [Stats. 1891, p. 195.] This act provided for the payment of wages, weekly or monthly. Unconstitutional: Slocum v. Bear Valley Irr. Co., 122 Cal. 555, 55 Pac. 403. ACT 1749. An act authorizing certain corporations to act as executor and in other capacities, and to provide for and regulate the administration of trusts by such corporations. [1. Approved April 6, 1891; Stats. 1891, p. 490. 2. Amended April 1, 1897; Stats. 1897, p. 424. 3. Amended March 20, 1903; Stats. 1903, p. 244. 4. Amended March 18, 1905; Stats. 1905, p. 232. 5. Amended March 18, 1907; Stats. 1907, p. 562.] § 21. Time of taking effect. § 22. Communications confidential. § 23. Word "trust." Use prohibited when. § 1. What corporations may act as executor. Any corporation which has or shall be incorporated under the general incorporation laws of this state, authorized by its articles of incorporation to act as executor, administrator, guardian, assignee, receiver, depositary or trustee, and having a paid-up capital of not less than two hundred and fifty thousand dollars, of which one hundred thousand dollars shall have been actually paid in, in cash, may be appointed to act in such capacity in like manner as individuals. In all cases in which it is required that an executor, administrator, guardian, assignee, receiver, depositary, or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qualification by such corporation if such oath shall be taken and subscribed or such affidavit made by the president or secretary or manager or trust officer thereof, and such officer shall be liable for the failure of such corporation to perform any of the duties required by law to be performed by individuals acting in like capacity and subject to like penalties; and such corporation shall be liable for such failure to the full amount of its capital stock; provided, any such appointment as guardian shall apply to the estate only, and not to the person. Such corporation shall be entitled to and shall be allowed proper compensation for all the services performed by them under the foregoing provisions of this act; but such compensation shall not exceed that allowed to natural persons for like services. [Amendment approved March 18, 1907; Stats. 1907, p. 562.] § 2. Deposits made with corporation. Any court, having appointed and having jurisdiction of any executor, administrator, guardian, assignee, receiver, depositary, or trustee, upon the application of such officer or trustee, or upon the application of any person having an interest in the estate administered by such officer or trustee, after notice to the other parties in interest as the court may direct, and after a hearing upon such application, may order such officer or trustee to deposit any moneys then in his hands, or which may come into his hands thereafter, and until the further order of said court, with any such corporation, and upon deposit of such money, and its receipt and acceptance by such corporation, the said officer or trustee shall be discharged from further care or responsibility therefor. Such deposits shall be paid out only upon the orders of said court. § 3. Public administrator may make deposits. And it shall be lawful for any public administrator to deposit with any such corporation doing business in the county, or city and county, in which he is acting as such administrator, any and all moneys of any estate upon which he is administering, not required for the current expenses of the administration. And such deposits shall relieve the public administrator from depositing with the county treasurer the moneys so deposited with such corporation. Moneys deposited by a public administrator may be drawn, upon the order of such administrator, countersigned by a judge of a superior court, when required for the purpose of administration, or otherwise. § 4. Court may order deposit and reduce bonds. Whenever, in the judgment of any court having jurisdiction of any estate in process of administration by any executor, administrator, guardian, assignee, receiver, depositary, or trustee, the bond required by law of such officer shall seem burdensome or excessive, upon application of such officer or trustee, and after such notice to the parties in interest as the court shall direct, and after a hearing on such application, the said court may order the said officer or trustee to deposit with any such corporation, for safe-keeping, such portion or all of the personal assets of said estate as it shall deem proper; and thereupon said court shall, by an order of record, reduce the bond to be given or theretofore given by such officer or trustees, so as to recover only the estate remaining in the hands of said officer or trustee; and the property as deposited shall thereupon be held by said corporation, under the orders and directions of said court. Any court having jurisdiction of |