Felonious Filings

Allen Matkins
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In October, I wrote about a warning from the Secretary of State regarding business theft. One way to steal a corporation’s identity is to make a false filing with the Secretary of State listing yourself as an officer. While this can be an initial step in an even bigger crime, such as grand theft, the filing itself is a crime (even if it is not signed under penalty of perjury).

Penal Code Section 115(a) provides that “Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony.” The statute further provides that each filing is a separate offense.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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