Application, how signed and verified.

§ 1229. The application must be signed by a majority of the board of trustees, directors, or other officers having the management of the affairs of the corporation, and must be verified in the same manner as a complaint in a civil action.

Enacted March 11, 1872.

47 Cal. 133.

Filing application and publication of notice.

§ 1230. Upon the filing of the application, the clerk must give notice of the same for such time as the court may order, but not less than thirty nor more than fifty days, by publication in some newspaper published in the county; or if there be no newspaper published therein, then by notices posted in three of the principal public places in the county.

Amended March 16, 1907; stats. 1907,

p. 318.

NOTE. § 1230. To provided for the notice to be given, and by whom, in proceedings for the voluntary dissolution of corporations.

Objections may be filed.

§ 1231. At any time before the expiration of the time of publication, any person may file his objections to the application. Enacted March 11, 1872.

Hearing of application.

§ 1232. After the time of publication has expired, the court may, upon five days' notice to the persons who have filed objections, or without further notice, if no objections have been filed, proceed to hear and determine the application, and if all the statements therein made are shown to be true, must declare the corporation dissolved. A certified copy of the decree and order of the court dissolving the corporation must be filed in the office of the secretary of state.

Amended March 20, 1907; stats. 1907, p. 744.

NOTE. § 1232. The amendment consists in the addition of the last sentence, requiring a certified copy of the decree to be recorded in the office of the secretary of state.

Judgment roll and appeals.

1233. The application, notices and proof of publication, objections (if there be any), and declaration of dissolution, con

stitute the judgment roll; and from the judgment an appeal may be taken, as from other judgments of the superior courts. Amended April 16, 1880; amendts. 1880, p. 109.

81 Cal. 386; 84 Cal. 365; 150 Cal. 577, 578.

Application by savings and loan society.

§ 1234. If the applicant is a savings and loan association, or engaged in the business of receiving money on deposit, and there is any unclaimed deposit or dividend in its hands belonging to a person whose whereabouts are unknown to the trustees, directors, or other officers presenting the application, the application must set forth the name of the person making such deposit, or entitled to such dividend, the time when such deposit was made or dividend declared, the residence, if known, of such person at the time of such deposit, the amount of such deposit or dividend, and the fact that the whereabouts of such person are unknown. The same facts must be stated in the notice of the application given by the clerk. If, at any time before the expiration of the time of publication, any person files a claim to such deposit or dividend, the court must, at the hearing and upon five days' notice to him, hear and determine his claim, and, if such claim is established, order such money to be paid to him. All such deposits or dividends not so claimed, or as to which no claim shall be established, must, upon order of the court, be paid into the state treasury, accompanied with a copy of the order, which must set forth the facts hereinbefore required to be stated concerning such deposits or dividends; and, upon production of the treasurer's receipt for such payment, the court may proceed to declare the corporation dissolved as in other cases. All unclaimed deposits and dividends so paid into the state treasury must be received, invested, accounted for, and paid out, in the same manner and by the same officers as is provided by law in the case of escheated estates, and in section twelve hundred and seventy-two.

Amended March 16, 1907; stats. 1907, p. 318.

NOTE. § 1234. The word "unknown," substituted for the word "known," to correct a manifest error.

SEC. 1275. 1276.

1277.

1278.

1279.

TITLE IX.

Of Change of Names.

Jurisdiction.

Application for change of name, how made.

Order to show cause; publication; proof of publication.

Hearing of application and remonstrance; corporations; change of name.

County clerk to file copy of decree with secretary of state.

Jurisdiction.

§ 1275. Applications for change of names must be heard and determined by the superior courts.

Amended April 23, 1880; amendts. 1880, p. 117.

123 Cal. 526, 624; 150 Cal. 320.

Application for change of name, how made.

§ 1276. All applications for change of names must be made to the superior court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person; and if such person is under twenty-one years of age, if a male, and under the age of eighteen years of age, if a female, by one of the parents, if living, or if both be dead, then by the guardian; and if there be no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and the reason for such change of name; and must, if the father of such person be not living, name, as far as known to the petitioner, the near relatives of such person, and their place of residence. Any religious, benevolent, literary, scientific, or other corporation, or any corporation bearing or having for its name, or using or being known by the name of any benevolent or charitable order or society, may, by petition, apply to the superior court of the county in which its articles of incorporation were originally filed, or in which the property of such incorporation is situated, for a change of its corporate name. Such petition must be signed by a majority of the directors or trustees of the corporation, and must specify the date of the formation of the corporation, its present name, the name proposed, and the

reason for such change of name. Upon filing such petition on behalf of such corporation, the same proceedings shall be had as upon applications for changes of names of natural persons, and no banking corporation hereafter organized shall adopt or use the name of any friendly association.

Amended March 12, 1885; stats. 1885, p. 112.

123 Cal. 526, 530.

Order to show cause; publication; proof of publication.

§ 1277. Upon the filing of the said petition the court shall thereupon make an order reciting the filing of the application, the name of the person or corporation by whom it is filed and the name proposed, and directing all persons interested in said matter to appear before the court, at a time and place specified, not less than four or more than eight weeks from the time of making such order, to show cause why the application for change of name should not be granted. A copy of the order to show cause must be published for four successive weeks in some newspaper of general circulation to be designated in the order, printed in the county, if a newspaper be printed therein, or, if no newspaper be printed in the county, a copy of such order to show cause shall be posted by the clerk of the court in three of the most public places in the county in which the court is held, for a like period. Proof must be made to the satisfaction of the court, of such publication, or posting, at the time of the hearing of the application.

Amended March 3, 1905; stats. 1905, p. 40.

123 Cal. 526.

Hearing of application and remonstrance; corporations; change of name.

§ 1278. Such application must be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons, touching the application, and may make an order changing the name, or dismissing the application, as to the court may seem right and proper; provided, that if the applicant for a change of name be a corporation, such applicant shall file in court at the time of hearing the application, the certificate of the secretary of state that the name desired to be used by the

applicant is not the corporate name of any corporation existing at said time, and that said name does not so closely resemble the name of any such existing corporation as will tend to deceive. Amended March 14, 1905; stats. 1905, p. 99.

123 Cal. 526.

County clerk to file copy of decree with secretary of state.

§ 1279. A certified copy of the decree of the court, changing the name of a person or corporation, shall within thirty days from the date of such decree, be filed in the office of the secretary of state.

Amended March 18, 1907; stats. 1907, p. 345.

123 Cal. 526; 150 Cal. 320.

NOTE. § 1279. The change compels the filing in the office of the secretary of state of a certified copy of the decree of court, changing the name of a person or corporation, instead of the former method of making return to that office, a method which experience had shown to be impossible of enforcement, making the section uniform with the provisions of section 300a of the Civil Code, added in 1903.

See, also, section 300a of the Civil Code.

TITLE XI.

Of Proceedings in Probate Courts.

CHAPTER III.

OF EXECUTORS AND ADMINISTRATORS, ETC.

ARTICLE I.

Letters Testamentary and of Administration, Etc.

SEC. 1348. Corporations as executors.

Corporations as executors.

§ 1348. Corporations, authorized by their articles of incorporation to act as executor, administrator, guardian of estates, assignee, receiver, depository, 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