Presentation on theme: "This is…… JEOPARDY!!! The Topic for Today’s Game is… KNOWLEDGE IS POWER FOR COUNTY CLERKS."— Presentation transcript:
This is…… JEOPARDY!!! The Topic for Today’s Game is… KNOWLEDGE IS POWER FOR COUNTY CLERKS
FBNsLDA Professional Photocopier Marriage Licenses Miscellaneous 200 400 600 800 1000 Final Jeopardy: 5000 pts Final Jeopardy: 5000 pts
Question: What does FBN stand for? Answer: FBN stands for Fictitious Business Name Statement.
Question: Which California Codes cover FBNs? Answer: Business and Professions Code Sections 14411- 14418/17900-17930 cover FBNs.
Question: How many years are FBNs valid? Answer: FBNs are valid five years from the date of filing, or if any specific changes occur within that time period.
Question: Do corporations need to file an FBN? Answer: Corporations need to file an FBN only if they are doing business under a name other than the name filed with the CA Secretary of State.
Question: Can multiple business names be listed on the same statement? Answer: Yes, as long as the businesses are in the same location and are operated by the same owners.
Question: What is an LDA? Answer: An LDA is a Legal Document Assistant that files their application in the County Clerk’s Office pursuant to B&P 6402.
Question: Are there any special requirements for filing an LDA? Answer: Yes, education and experience requirements must be met pursuant to B&P 6402.1, with no disqualifications pursuant to B&P 6403 (a)(2-6), (c)(2-6).
Question: Can a cash deposit be made in lieu of a bond? Answer: Yes, pursuant to B&P 6405(4)(c) cash may be given to the county in lieu of the bond.
Question: Is the bond amount different for an individual versus a corporation/partnership filing? Answer: Yes, an individual bond amount is $25,000, while a corporation/partnership bond amount varies from $25,000- $100,000 based on the number of employees filing as an LDA.
Question: Where do the individual and corporation/partnership applicants need to file? Answer: The county in which the principal place of business is located AND any other county in which the LDA performs acts.
Question: Does the applicant need to be a notary in order to file as an individual or corporation/partnership? Answer: No, however one person involved in the management of a Professional Photocopier must hold a current commission from the CA Secretary of State.
Question: Can an employee of a Professional Photocopier be issued an I.D. card? Answer: Yes, pursuant to B&P 22457, employees can be issued photo I.D. cards without filing as a registrant. However, they must pay the cost of an I.D. card.
Question: What is the place of filing a Professional Photocopier for individuals and corporations/partnerships? Answer: The county of principal place of business, and county where a branch office is maintained.
Question: Why are professional photocopiers required to file with the County Clerk? Answer: Professional Photocopiers have to file with the County Clerk to make available to the public the registration of those who for compensation obtain or reproduces documents authorized pursuant to B&P 22450.
Question: Robert Smith and Molly Jones are applying for their marriage license and have indicated that their last name after marriage will be Robertson. Is this acceptable? Answer: No, due to the Name Equality Act of 2007, each party to the marriage may adopt any of the following last names: The current last name of the other spouse The last name of either spouse given at birth A name combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth A hyphenated combination of last names
Question: What is required when reviewing a public marriage license for registration? Answer: The license was issued in your county; the ceremony was performed on or after the issuance date, and on or before the expiration date, the marriage was solemnized in CA, and at least one witness signed the license.
Question: What do you do when a couple was married using a confidential marriage license in a county other than the county of issuance? Answer: Wait one year and apply for a declaration of marriage in their county of residence, or petition the court to establish the fact of marriage.
Question: The law provides that a clerical error may be corrected in the new name field on a marriage license using an amendment. What defines a clerical error? Answer: The information shown in the new name field does not match the information shown on the marriage license application.
Question: What defines an authorized person to receive a certified copy of a confidential marriage certificate? Answer: A party to the confidential marriage is authorized; all others are required to obtain a superior court order signed by the judge.
Question: What is the purpose of filing an Oath of Office/affirmation/loyalty/disaster service worker? Answer: To make available to the public, the Oath of Office for public officers, employees, and disaster service workers.
Question: What are the requirements to do a translation certification? Answer: The original translation must be attached to the original or certified copy of the document being translated. It must include the interpreters notarized declaration and we must verify the registration of the translator on the state wide data base ATA or the CA courts/court interpreter. Issue the translation certification. Sign the certificate, apply county seal, and attach to the instrument.
Question: How long does the notary have to file their commission with the County Clerk? Answer: Oaths must be filed within 30 days of the issuance of the commission. Expiration date is stipulated on oaths received from the Secretary of State. If expiration date falls on a weekend or a holiday, the expiration date will be the next business day.
Question: Is a live scan required for those filing as a process server? Answer: Yes, pursuant to B&P 22351.5, applicants must have a live scan prior to filing their application as a process server. For the initial registration, or there has been a lapse in a previous registration, they must have a new live scan prior to filing their application.
Question: Does the clerk file the roster of public agencies/statement of facts? Answer: Yes, pursuant to GC 53050 and 53051(a), statement of facts/roster of public agencies must be filed with the CA Secretary of State and the County Clerk.
Question: How do you determine the expiration date of registration? Answer: Whichever occurs first: 1.Two years from the date of filing 2.The date the bond expires Back
Question: Does the County Clerk post environmental impact reports or negative declarations? Answer: Yes, CEQA filings are done in the County Clerk’s office. Specific filing fees are collected and submitted to the Department of Fish and Game, and the county retains a $50 filing fee. Back