laws of another state, territory, or of a foreign country, which are now doing business in this state, or which shall hereafter enter this state to do business, or maintain an office in this state, shall file in the office of the secretary of state of the state of California a certified copy of their articles of incorporation, or of their charters or of the statutes or legislative or executive or governmental act creating them in cases where they are created by charters or statutes or legislative or executive or governmental acts, 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.

Sec. 2. For filing and issuing certified copy as required in section one of this act, corporations formed under the laws of another state, or of a territory, or of a foreign country, shall pay the same fees as are paid by corporations formed under the laws of this state.

Sec. 3. Every foreign corporation amenable to the provisions of this act which shall neglect or fail, within ninety days from the date of passage of this act, to comply with the conditions of the same as herein provided shall be subject to a fine of not less than five hundred dollars, to be recovered before any court of competent jurisdiction; and it is hereby made the duty of the secretary of state, as he may be advised that the corporations are doing business in contravention of this act, to report the fact to the governor, who shall instruct the district attorney of the county wherein such corporation has its principal business, or the attorney-general of the state, or both, as soon as practicable, to institute proceedings to recover the fine herein provided for, and the amount so recovered must be paid into the state treasury to the credit of the general fund of the state; in addition to which penalty, no

foreign corporation as above defined which shall fail to comply with this act, can maintain any suit or action, either legal or equitable, in any of the courts of this state upon any demand, whether arising out of contract or tort, until it has complied with this act; provided, that any corporation described in section one of this act, which is now doing business in this state, and which has complied with the act in relation to foreign corporations, approved April first, eighteen hundred and seventy-two, and an act amendatory thereof, approved March seventeenth, eighteen hundred and ninety-nine is exempted from the provisions of this act.

Sec. 4. This act shall take effect and be in force from and after the date of its passage. Obtaining Jurisdiction Over Foreign Corporations. Civil Code 404, p. 383, supra.

Actions by Foreign Corporations.

C. C. P. Sec. 1036. When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, security for the costs and charges, which may be awarded against such plaintiff, may be required by the defendant. When required, all proceedings in the action or special proceeding must be stayed until an undertaking, executed by two or more persons, is filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action or special proceeding, not exceeding the sum of three hundred dollars. A new or an additional undertaking may be ordered by the court or judge, upon proof that the original undertaking is insufficient security, and proceedings in the action or special proceeding stayed until such new or additional undertaking is executed and filed.

Designation of Resident-Agent.

C. C. Sec. 405. Every corporation other than those created by or under the laws of this state

must, within forty days from the time it commences to do business therein, file in the office of the secretary of state a designation of some person residing within the state upon whom process issued by authority of or under any law of this state may be served. A copy of such designation, duly certified by the secretary of state, is sufficient evidence of such appointment and of the due incorporation of such corporation. Such process may be served on the person so designated, or, in the event that no such person is designated, then on the secretary of state, and the service is a valid service on such corporation. Right to Plead Statutes of Limitation.

C. C. Sec. 406. Every corporation which complies with the provisions of this chapter is thereafter entitled to the benefit of the laws of this state limiting the time for the commencement of civil actions, but no corporation not created by or under the laws of this state is entitled to the benefit thereof, nor can any such corporation maintain or defend any action or proceeding in any court of this state until the corporation has complied with the provisions of the preceding section. In any action or proceeding instituted against any body styled as a corporation, but not created by nor under the laws of this state, evidence that such body has acted as a corporation, or employed methods usually employed by corporations, must be received by the court for the purpose of proving the existence of such corporation, the sufficiency of such evidence to be determined by the court with like effect as in other cases. Every corporation which has complied with the laws then in force, requiring it to make and file a designation of the person upon whom process against it may be served, need not make or file any further designation. Any designation heretofore or hereafter made may be revoked by the filing by the corporation with the secretary of state of a writing stating such revocation.

Within forty days after the death or removal from the state of any person designated by the corporation, or after the revocation of the designation, the corporation must make a new designation, or be subject to the provisions and penalties of this chapter.

Banking Corporations.

To be Created Under General Laws.

Can Elect to Have a Capital Stock.
Disposition of Unclaimed Deposits at Disso-
lution.

Shares of National Banks to be Taxed.
How and to Whom Assessed.

Loans of Savings Banks-On What Made.
Power of Savings Banks to Issue Certificates
of Deposits.

Power of Savings Banks to Take and Hold
Property.

Rights and Liabilities

Savings Banks.

of Stockholders in

Married Women and Minors as Depositors in
Savings Banks.

Powers of Directors of Savings Banks to
Create Debts and Declare Dividends.
Definition of Phrase "Create Debts."

Directors of Savings Banks not to Borrow
from the Corporation.

Reserve Fund of Savings Banks.

Officer of Savings Banks Overdrawing His
Account, Guilty of a Felony.

Annual Statement of Unclaimed Deposits.
Stock and Transfer Book to be Kept Open
for Inspection.

To Be Created Under General Laws.

Const. Art. XII, Sec. 5. The legislature shall have no power to pass any act granting any charter for banking purposes, but corporations or associations may be formed for such purposes under general laws. No corporation, association or individual shall issue or put into circulation, as money, anything but the lawful money of the United States.