Governor’s Office of Business and Economic Development

GO-Biz Leading Statewide Coalition of Business Groups to SelectUSA Investment Summit in D.C. on Oct. 31st
President Obama Scheduled to Deliver Remarks Along with Commerce Secretary Penny Pritzker, Secretary of the Treasury Jack Lew and Secretary of State John Kerry
Sacramento, Calif. – California Deputy Director for International Affairs and Business Development Brian Peck announced today that GO-Biz will lead a statewide coalition of business groups to the ‘SelectUSA Investment Summit,’ hosted by the U.S. Department of Commerce in Washington D.C. on Thursday, October 31 and Friday, November 1.
“The Select USA investment summit provides an important venue for California to promote our world-leading international trade capabilities and investment opportunities,” said Deputy Director Brian Peck. “For the first time, California is sending a statewide coalition – led by GO-Biz – to meet with foreign investors and expand the number of trade and investment opportunities coming to the state.”
The U.S. Department of Commerce announced that President Obama will be hosting and delivering remarks at the Summit on Thursday, October 31, 2013.
"I can think of no one better than our President to highlight the many advantages of investing in America," said U.S. Secretary of Commerce Penny Pritkzer. "President Obama and his Administration are committed to bringing new jobs and investment to the U.S., and the SelectUSA program is a critical part of those efforts.”
The summit will also feature over 70 high level speakers including several U.S. Governors, Senior Advisors to President Obama, U.S. Trade Representative Michael Froman, Secretary of the Treasury Jack Lew, Commerce Secretary Penny Pritzker, Secretary of State John Kerry and dozens of CEOs. A complete agenda can be found here.
Throughout the two-day sold out conference, GO-Biz and the statewide coalition of business groups will engage with more than 1,000 attendees from nearly 60 countries; economic development officials from 47 states, the District of Columbia and three U.S.
territories; cabinet officials and some of the world's top CEOs to discuss the investment opportunities available in the Golden State. The complete list of California coalition members includes:
1. California-China Trade Office
2. City of Fullerton
3. Los Angeles Economic Development Corporation
4. Los Angeles Regional Export Council
5. Riverside County Economic Development Agency
6. San Bernardino County Economic Development
7. San Diego Regional Economic Development Corporation
8. The Bay Area Council
9. The San Francisco Center for Economic Development
What They Are Saying
Jim Wunderman – President of the Bay Area Council: “The California China Office of Trade and Investment is honored to welcome business leaders from all over the world to this week's Select USA Summit. California and China are two of the world's most competitive, innovative, and talented places on the planet. We hope to capitalize upon these strengths by building new trans-Pacific partnerships, and look forward to working with GO-Biz and businesses around the state to foster as much business and investment for California as possible."
Bill Allen – President of the Los Angeles Economic Development Council: “California’s future economic prosperity is tied to global trade and investment. Targeted and well-resourced trade and foreign direct investment programs are vital to highlight the advantages of locating in one of our state’s distinct economic regions, and to create new opportunities in global markets for California’s world-leading innovative businesses. The Los Angeles County Economic Development Corporation, based in one of the world’s most culturally diverse regions, is honored to partner with SelectUSA and the Governor’s Office of Business and Economic Development to showcase our remarkably diverse, $580 billion Los Angeles regional economy to the world, as well as to bring into the light the more than one dozen innovative and world leading industry clusters based in Los Angeles, ranging from aerospace and analytical instruments to entertainment and digital media to automotive design and alternative transportation to medical devices and biomedical.”
Carlos J. Valderrama – Senior Vice President, Global Initiatives, Los Angeles Area Chamber of Commerce: “Participating in the Select USA 2013 Investment Summit under the banner of the State of California is a great opportunity to showcase the Los Angeles Region to foreign investors.”
Kelly Reenders – San Bernardino County Economic Development Administrator: “San Bernardino County is proud to be a part of this statewide effort led by GO-Biz. We hope to connect with foreign and domestic investors and introduce the strategic advantages of San Bernardino County.”
Sean Barr – Vice president of the San Diego Regional EDC: “Under the leadership of GO-Biz, California has reinforced its role as an international job creator,” “We remain number one in biotech, number one in agriculture and number one in high tech, and San Diego is proud to contribute to those rankings. With the state’s participation in Select USA, we hope to become the global leader in export and international investment too.”
For more information on the GO-Biz International Affairs Unit, please contact International Policy, Programs & Partnerships Specialist Abby Browning: Abby.Browning@gov.ca.gov.
GO-Biz serves as California’s office for economic development and offers a range of services to business owners. Those services include attraction, retention and expansion services, site selection, permit streamlining, clearing of regulatory hurdles, small business assistance, international trade development, assistance with state government, important informational briefings and much more. For more information visit: www.business.ca.gov.  http://elevylaw.com/governors-office-of-business-and-economic-development-attorney-los-angeles/

Online Rental Schemes Warning!

The California Department of Real Estate, the predecessor of the California Bureau of Real Estate (“CalBRE”) issued warnings to prospective renters about (i) imposter landlords and (ii) scams perpetrated by or in connection with Prepaid Rental Listing Services1.
There are almost endless varieties of real estate and rental fraud. Some are new. Many are old, and some are just variations on timeworn scams.
CalBRE has received reports and been made aware of online rental scams (often using such Internet sites such as Zillow, Trulia, Craigslist, and HotPads), and we want to warn the public about some of the most common ones.
Included in this warning is a list of “red” flags or signs to look for, suggestions on how prospective renters can protect themselves, and reporting recommendations for those potential renters who have been victimized.
Common Scams
In most cases, the fraud involves a scammer who:
1. Duplicates or “hijacks” an actual listing of a property that is for rent.
2. Creates a fake or fictitious listing for a rental property.
3. Offers for rent a real, but unavailable, property.
4. Rents a property that is in foreclosure and which will soon be sold, or that has been fully foreclosed (or is in pre-foreclosure).
In the cases mentioned above, the perpetrators do not own the properties (although they oft-times pretend to be the owners) and they are not authorized or licensed to rent the properties.
In most of these cases, the scammers collect money (usually via wire transfer) from the victims for deposits, fees and rents, and in a number of the cases obtain enough personal information, such as social security, driver license and bank account numbers, to steal the identities of the “renter” victims.
For the fraudsters, these are crimes of opportunity and they are simply taking advantage of individuals who are looking for rental housing in a tight real estate market. The perpetrators engage in these crimes (via the Internet ether) because they have found success with such scams and continue to find victims who send money and/or who provide personally identifying information that can be used by the scammers to commit additional crimes.
1 Please see Consumer Alert – Beware of Imposter Landlords and Consumer Fraud Alert and Warning – Prepaid Listing Services (PRLS).
Because of the anonymity and widespread availability of the Internet, an online rental scam can be started and operated from anywhere in the United States or in other countries.
“Red” Flags
While none of the “red” flags below is definitive proof of fraud, the following are warning signs of a possible scam:
1. The advertised rental rates are low (many times very low) compared to other rentals in the area. Always remember the time-tested adage that if something seems too good to be true, it probably is.
2. The purported landlord or agent requests that the advance payment of rents and deposits (and possibly other fees) be made via cash or wire transfer (such as Western Union), and/or asks for personal information such as social security number, bank account information, and driver license number. It is important to note that payments made by cash or wire transfer provide little – and usually no – recourse, especially since the scammer to whom the funds are wired usually disappears and cannot be found. While credit card payments are not accepted by many landlords or property rental agents, prospective renters should – to provide an amount of self-protection – ask to pay for rents, deposits and fees by credit card.
3. The supposed owner or rental agent is either out of the country or in another State, or is in a hurry to leave California, and states that the rental property cannot be shown or toured.
4. The prospective landlord or property agent is not willing to meet in person, and/or applies pressure to complete the rental transaction as soon as possible.
Ways that Prospective Renters Can Protect Themselves
The best advice for prospective renters is to be wary, and to conduct their own diligence and investigate the person with whom they are dealing or negotiating, and the property itself. In this regard, potential renters should:
1. Confirm or verify the identity of the supposed landlord or property agent. To see who owns the property, contact a licensed California real estate agent, the county recorder’s office in the county where the property is located, and/or a title company. Talk with neighbors about the property and ask who owns it, and ask a lot of questions about the rental history of the property. If dealing with a property manager or leasing agent (who does not live at the property), look them up on the CalBRE website (www.bre.ca.gov) to see if they are licensed. If they are, check to see if they are disciplined or otherwise restricted in the real estate practice that they can do. Also, check the person out on Google or other search engines, and through the Better Business Bureau.
2. Confirm that the property is not in foreclosure or pre-foreclosure. This is especially true when renting a house. The mortgage loan should be in good standing and not in default.
3. Not rent a property without viewing and touring it in person.
4. Not pay or transfer any money without reviewing all rental documents, and getting copies of all writings pertaining to the property.
5. Demand to meet and then actually meet the supposed owner or property manager in person, and ask many questions about the property and the neighborhood.
6. Work with an experienced, competent, and licensed California real estate broker, or salesperson working under the supervision of a broker.
7. Take photographs of the property.
8. Not pay anything in cash or wire transfer money.
9. Do research on what comparable properties rent for.
The essential point here is that prospective renters, in order to protect their interests, and not become a scammer’s next victim, must remain skeptical, proceed cautiously, do their own investigation of the property and individuals involved with the rental(s), and be aware of and look for revealing signs of fraud.
After Falling Victim or Becoming Aware of an Online Rental Scam
If a prospective renter has been scammed, or becomes aware of an online rental scam, he or she should immediately report the fraud and file complaints with one, more or all of the following:
1. The relevant Internet provider (e.g., Zillow, Trulia, etc.).
2. CalBRE if a real estate licensee is involved, or if the scammer is unlicensed and purporting to be a real estate agent. Please contact CalBRE at www.bre.ca.gov.
3. The California Attorney General, at www.oag.ca.gov/consumers.
4. The District Attorney, Sheriff, local police and local prosecutor in your community.
5. The Federal Trade Commission, at www.ftc.gov.
6. Federal Bureau of Investigation (FBI), at www.fbi.gov.
7. The Consumer Financial Protection Bureau at www.cfpb.gov.

Issued: October 2013 Source: http://elevylaw.com/landlord-tenent-attorney-warning/

Online Security Course Available to Small Business Owners

WASHINGTON – Small businesses can help keep their business information safe and protect their online information with a new free course from the U.S. Small Business Administration.
In support of President Obama proclaiming October as National Cybersecurity Awareness Month, SBA is launching this new course, designed for small businesses, to provide an overview on how to secure business information, identify security threats and guard against cyber-attacks.
Cybersecurity for Small Businesses is one of SBA’s newest online courses to help business owners safeguard their information from computer attacks and determine their readiness against security breaches.  The course, available at http://www.sba.gov/tools/sba-learning-center/training/cybersecurity-small-businesses, teaches best cybersecurity practices and protection against cyber threats for the nation’s small business community.
The protection of sensitive data such as business invoices, payroll records, client and employee data and other proprietary information is essential to a company’s success.  A computer failure or other system breach could undermine a company’s reputation, expose it to costly recovery expenses, and disrupt the business’ overall operation.
Cybersecurity for Small Businesses will help to identify information security vulnerabilities that can put a small business at risk, and the protective tools and techniques used to measure, maintain and guard business information and systems.
Small business owners will learn the types of information that should be secured, how to protect themselves from intentional attacks or unintentional damage, guard themselves from decreased productivity caused by security breaches and evaluate the needed security tools and techniques.  The course also gives useful and practical steps to take to protect a business’ operations.
Cybersecurity for Small Businesses is self-paced and also offers best practices for guarding against cyber threats, potential computer weaknesses and the corrective actions for risk management.
Course participants completing the online course can earn a certificate of completion from the SBA.  The SBA Learning Center offers free courses covering topics such as Starting, Managing, or Financing a Business, and can be found at http://www.sba.gov/sba-learning-center.

$1 Million Civil Settlement for Campaign Finance Violations

Attorney General Kamala D. Harris Announces $1 Million Civil Settlement for Campaign Finance Violations, Calls for Legislative Reform 

 

SACRAMENTO – California Attorney General Kamala D. Harris today announced that the California Attorney General’s Office and the Fair Political Practices Commission (FPPC) have jointly secured a $1 million civil settlement against two out-of-state organizations for violations of the California Political Reform Act.
According to the terms of the settlement, the Arizona-based Center to Protect Patient Rights (CPPR) and Arizona-based Americans for Responsible Leadership (ARL) have admitted to making millions of dollars in unlawful intermediary contributions in connection with the November 2012 election in California and have agreed to each pay a fine of $500,000.
“This case demonstrates in clear terms that California’s campaign finance laws are in desperate need of reform,” Attorney General Harris said. “California law currently contains a loophole for certain groups to evade transparency by maintaining the anonymity of their donors. I fully endorse swift legislative action to change the law.
In October 2012, $11 million was funneled to a campaign committee supporting Proposition 32 and opposing Proposition 30.  A civil investigation was initiated by the FPPC, which was represented by the California Department of Justice’s Civil Law Division. Following the election, the California Department of Justice’s Criminal Law Division opened an investigation to examine potential criminal wrongdoing.
The investigation revealed that a Virginia nonprofit, Americans for Job Security (AJS), raised approximately $28 million in 2012 for issue advocacy opposing tax increases and supporting "pro-paycheck public policy."  Current law permits donors to remain anonymous if their contributions are used for issue advocacy. Shortly before the general election, AJS decided that were it to spend the money on issue advocacy at that time, it would trigger a California law requiring disclosure of the funds’ sources. Instead, AJS decided to make multiple donations to another non-profit, CPPR, which has a history of funneling millions of dollars to support conservative causes. AJS expected and hoped that CPPR would be able to find other money to support AJS’s efforts in California. AJS gave CPPR a donation of $4.05 million on September 10, 2012, $14 million on October 11, 2012 and $6.5 million on October 19, 2012.

Franchise Tax Board Warns Public of Scams

Sacramento – The Franchise Tax Board (FTB) today warned taxpayers of theft ploys involving scammers attempting to use FTB’s likeness for their personal gain.
“If you receive a questionable solicitation, contact FTB immediately and talk to a live agent to review your account,” said State Controller and FTB Chair John Chiang. “Taxpayers should protect their personal information and treat any unsolicited phone calls or emails with caution.”
Police have recently reported that scammers are contacting elderly people in Beverly Hills and informing them they received a red light traffic ticket last February that has been referred to FTB for collections. The scammer instructs the victim to load money on a prepaid debit card and send it to a bogus address. The scammer refers victims to an actual FTB phone number for reference.
Other scams claiming to represent FTB attempt to lure people into revealing personal and financial information, such as Social Security, bank account, or credit card numbers. This type of scam is referred to as “phishing” and is a technique aimed at getting personal information for the purpose of identity theft. Scams of this nature often involve an email that masquerades as offering to check the status of your state income tax refund.
FTB takes the safety and security of taxpayer information very seriously. If anyone receives a questionable contact from FTB, they should keep the following in mind:

• FTB can only process payments through its online Web Pay services or by mail through personal check, money order, cashier’s check, or Western Union Quick Collect payments. FTB does not have the ability to process funds from third-party issued debit cards or prepaid credit cards.
• FTB warns taxpayers against providing personal information over the telephone or by email to those who cannot verify they are FTB employees.
• While FTB calls people who owe taxes, FTB will never ask taxpayers for PIN numbers, passwords, or similar access information for credit cards, bank accounts, or other financial accounts.

Taxpayers who receive a questionable contact should call FTB at 800.852.5711.

Sherman Oaks Attorney

State grant will prepare nearly 1,200 laid off farm workers for new careers

$6.4 million state grant will prepare nearly 1,200 laid off
farm workers for new careers
SACRAMENTO – A $6.4 million grant from the California Employment Development Department (EDD) will retrain 1,187 jobless migrant and seasonal farm workers statewide for promising new careers in the allied health field, industrial maintenance, retail trade/service, and the green and renewable energy sector.
“The recession dealt a heavy blow to farm workers statewide, a population already struggling with high unemployment,” said EDD Chief Deputy Director Sharon Hilliard. “This grant will help them move from jobs with few opportunities for advancement into new careers with bright futures. They will receive the training needed for a broad array of jobs, including positions in green and renewable energy.”
The grant was awarded to La Cooperativa Campesina de California to provide employment and retraining services to migrant and seasonal farm workers throughout California. Training in the green efficient and renewable energy sectors, allied health fields, industrial maintenance, and retail trade/services will help these workers develop the skills they need to compete for new job opportunities.
Funding for the program is drawn from the Governor’s 25 percent portion of Dislocated Worker Funds, Title I of the Workforce Investment Act, and is under the administrative authority of the Labor and Workforce Development Agency’s EDD.
For more information about this project, please contact Marco Lizarraga, La Cooperativa Campesina de California, at (916) 388-2220.

Unlicensed Operators Caught in One-Day in an Undercover Sting Conducted by Contractors State License Board

SACRAMENTO — “Catching 15 unlicensed people in a matter of a few hours should be a clear warning to residents about the importance of making sure the person they’re asking into their home is a legitimate contractor,” said Contractors State License Board Registrar Steve Sands.
Two of the 15 people who were arrested this week during a Contractors State License Board (CSLB) undercover sting operation at a residence near the Kern City Golf Course had active arrest warrants; three previously had been convicted of and were on probation for unlicensed contracting. The operation was conducted on October 16, 2013, by CSLB’s Statewide Investigative Fraud Team) (SWIFT), with the assistance of the Kern County District Attorney’s Office, California Highway Patrol, and the state Department of Insurance.
“Homeowners need to watch out for these criminals,” said Sands. “Unlicensed, illegal contracting puts homeowners at risk and legitimate contractors at a competitive disadvantage.”
Investigators posed as homeowners and invited nearly two dozen people who advertised as contractors to give bids for painting, tree services, landscaping, masonry, and concrete work. All 15 individuals arrested face misdemeanor charges for both contracting without a license (Business and Professions Code section 7028), which carries a penalty of up to six months in jail and/or a fine of up to $5,000 if convicted, and illegal advertising (Business and Professions Code section 7027.1). State law requires contractors to place their license number in all print, broadcast, and online advertisements. Those without a license can advertise to perform jobs valued at less than $500, but the ad must state that they are not a licensed contractor. The penalty is a fine of $700 to $1,000.
Nine of those who bid on projects asked for an excessive down payment (Business and Professions Code section 7027.1). In California, a home improvement project down payment cannot exceed 10 percent of the contract total or $1,000, whichever is less. This misdemeanor charge carries a maximum penalty of six months in jail and/or up to a $5,000 fine.
Thirteen of the phony contractors also were issued Stop Orders (Business and Professions Code section 7127). CSLB investigators can halt job site activity when any person with or without a contractor license does not have workers’ compensation insurance coverage for employees. Failure to comply with a Stop Order can result in misdemeanor charges and penalties, including 60 days in jail and/or up to $10,000 in fines.

Employment Training Panel Approves Over $6.6M to Train California Workers For New Jobs

Employment Training Panel Approves Over $6.6M to Train California Workers
For New Jobs
SACRAMENTO – The State of California’s Employment Training Panel approved 28 contracts
worth over $6.6M in job training funds at its regularly held public meeting today. Proposals
included small business and smaller scale projects, under $100,000 each, approved by Panel
Chair, Barry Broad and Chief Deputy Director, Jill McAloon through the Panel’s delegation order
process. Training proposals were comprised of both single and multiple employer contracts
representative of various industry sectors throughout the state.
Within the manufacturing, green technology, and transportation/logistics sectors was a proposal
from New Flyer of America Inc. (New Flyer), to train a total of 67 workers, including 59 newly
hired employees. A manufacturer of heavy-duty transit buses in the United States and Canada,
New Flyer offers a broad product line including vehicles with drive systems powered by clean
diesel and natural gas, electric trolleys, and energy-efficient diesel-electric hybrid vehicles.
Having recently been awarded a five-year contract by the Los Angeles County Metropolitan
Transportation Authority (LA Metro) for the purchase up to 900 heavy-duty compressed natural
gas buses, New Flyer of America Inc. (New Flyer), a newcomer to the Employment Training
Panel, has a need for workforce training. In addition to an existing distribution center in Fresno,
the contract with LA Metro has opened the door for New Flyer to expand its presence in
California with the establishment of a new facility in Ontario. Both New Flyer’s existing location
and its new location are in areas of the state where the rate of unemployment is particularly
high.
In addition to its partnership with ETP, New Flyer has been designated a Critical Proposal by
the Governor’s Office of Business and Economic Development (GO-Biz), and also partnered
with the San Bernardino Economic Development Corporation and the Riverside Economic
Development Corporation to support New Flyer through this period of job creation and
workforce expansion.
Today, the Employment Training Panel approved employment training funds in the amount of
$184,200 to assist New Flyer in providing training to all occupations, including Acceptance and
Delivery Specialists, Technicians, Manufacturing Engineers, and Materials Specialists. Training
has been designed to equip workers with the skills and knowledge needed in a production
environment. Furthermore, extensive cross-training will be provided to ensure a broad
understanding of New Flyer’s entire production systems and process.
“New Flyer of America is excited to partner with the Employment Training Panel in funding
training for our newly expanded workforce,” said Janice Harper, VP Human Resources of New
Flyer of America. “ETP support is critical during this initial development phase of our expanded
workforce. We truly believe that by providing a strong foundation and skill set for our employees,
we will be able to ensure safety, reduce the impact of quality issues and provide a streamlined
process to ensure customer satisfaction.”
ETP is a business and labor supported state agency that assists employers in strengthening
their competitive edge in the economy by providing funds to partially off-set the costs of
necessary job skills training. California’s ETP is a performance-based program, providing funds
for trainees who successfully complete training and are retained in good-paying jobs at or above
a required wage base, for at least 90 days.
The program, funded by the Employment Training Tax paid by California employers, helps
businesses threatened by out-of-state and international competition. The Panel also serves
employers under its Special Employment Training Program, funding projects designed to
improve skills and employment security of frontline workers in projects that do not meet
standard employer/trainee eligibility requirements. Since its inception in 1983, the ETP program
has provided approximately $1.25 billion to train over 800,000 workers for more than 78,000
California companies. Employers match training funds awarded by ETP, making these projects
true public-private partnerships. For more information about the program, please visit
www.etp.ca.gov, or call 916-327-5368.

Cal/OSHA and UC Berkeley offer workplace safety training for small businesses

Cal/OSHA and UC Berkeley offer workplace safety training for small

businesses

Oakland

—

The Department of Industrial Relations (DIR) and Cal/OSHA

have joined forces with the University of California, Berkeley’s Labor Occupational

Health Program (LOHP) and partners in business, insurance and public health sectors to provide small businesses in California with training so that they can address workplace hazards and prevent injuries and illnesses

.

California requires that all employers carry out effective injury and illness prevention activities

on the job. The requirements include a written Injury and Illness Prevention Program (IIPP) with specific elements that include assessing hazards on the job, implementing control methods to prevent accidents and illnesses, maintaining safety records, and providing an effective training program for workers

.

IIPP-related violations continue to be among the most frequently cited by Cal/OSHA.

“Many small business owners do not know where to turn for help when they receive a

citation for a deficient IIPP,” said DIR Director Christine Baker

.

“

This program reaches out to small businesses to inform them of what can really work to protect their employees on the job. We are working with partners in workplace safety to keep prevention at the top of everyone’s agenda.”

The Taking Action for Safety and Health training course has already taken place in

Pleasanton and Vacaville; upcoming November sessions will be held in Salinas

on the 14th, Sacramento on the 18th and another is planned for February 2014 in Santa Ana.

Since its initiation in December 2012, facilitators from LOHP have convened employers

with 50 or fewer employees for the free, half-day program. Participants learn how

promote a healthy workplace by identifying common safety problems and complete a

template which serves as a model for writing their business’ unique IIPP.

Cal/OSHA

consultants are available during the training to explain technical aspects of Cal/OSHA

requirements and answer questions.

A day-long training program is also available from LOHP for larger businesses.

 

Julianne Sum, acting chief of Cal/OSHA, emphasized that one goal of a successful IIPP

is to “engage workers in recognizing hazards and developing solutions as part of a living

safety program

.”The course provides small business owners and managers the opportunity to interact with experts in occupational safety as well as share industry-specific challenges and approaches to prevention with their peers.

For more information on the course, visit the Worker Occupational Safety and Health

Training and Education Program website to sign up for a training session, email

driver@berkeley.edu

or

call (510) 643-8902.

Cal/OSHA, a division of DIR, also provides an IIPP Online Tool which includes a

variety of resources for employers to improve and evaluate the effectiveness of their

work place Injury and Illness Prevention Plan.

Why Should I Incorporate?

How You Can Benefit from a Corporation or LLC 

 

There are many benefits to incorporating your business regardless of its size or type of business. Advantages of forming a corporation or Limited Liability Company (LLC) are:

• Personal asset protection. Both corporations and LLCs allow owners to separate and protect their personal assets in the event of a lawsuit or claims leveled against a business entity. In a properly structured and managed company, owners should have limited liability for business debts and obligations. This remains one of the biggest benefits to incorporating.
• Name protection. Other businesses may not file your exact corporate or LLC name in the same state. Not only can this help protect your company's reputation from being diminished by or confused with another company with a similar sounding name, but this is also one of benefits of incorporating that aids your business in terms of name-recognition, marketing, and branding efforts.
• Perpetual existence. Corporations and LLCs continue to exist even if ownership or management changes. Sole proprietorships and partnerships just end if an owner dies or leaves the business. Forming a corporation ensures that your company's legacy can remain, as well as continue to provide employment and services for clients should any changes in ownership occur.
• Tax flexibility and incorporation tax benefits. Though profit and loss typically pass through an LLC and get reported on the personal income tax returns of owners, an LLC can also elect to be taxed as a corporation. Likewise, a corporation can avoid double taxation of corporate profits and dividends by electing Subchapter S tax status.
• Deductible expenses. Both corporations and LLCs may deduct normal business expenses, including salaries, before they allocate income to owners.

Should My Business Incorporate or Form an LLC?

Contact the law Office of Efrat Levy to Incorporate your Business in California

Cal/OSHA Issues Notice of Proposed Emergency Regulatory Action

Cal/OSHA Issues Notice of Proposed Emergency Regulatory Action for Process Safety Management (PSM) Program Assessment

Oakland—The Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) is proposing to adopt emergency regulations to implement a methodology for determining and collecting an annual assessment to fund Cal/OSHA’s Process Safety Management Program.
The emergency regulations propose to adopt Article 12.5 of Subchapter 2, of Title 8, California Code of regulations, sections 344.76, 344.77, and 344.79.
Government Code section 11346.1(a)(2) requires that, at least five working days prior to submission of the proposed emergency action to the Office of Administrative Law (OAL), the adopting agency provide a notice of the proposed emergency action to every person who has filed a request for notice of regulations action with the agency. After submission of the proposed emergency regulations to the Office of Administrative Law, OAL shall allow interested persons five calendar days to submit comments on the proposed emergency regulations as set forth in Government Code section 11349.6. Upon filing, OAL will have 10 calendar days within which to review and make a decision on the proposed emergency rule. If approved, OAL will file the regulations with the Secretary of State, and the emergency regulations will become effective for one hundred and eighty (180) days. Within the 180-day effective period, Cal/OSHA will proceed with a regular rulemaking action, including a public comment period. The emergency regulations will remain in effect during this rulemaking action.
The proposed regulatory language, finding of emergency regulations and text of proposed regulations are posted on Cal/OSHA’s website.

Protect Your Identity: Don’t Get Phished!

It’s Cyber Security Awareness Month. Do you know how to protect your identity online?
“Phishing” – the act of targeting victims via email in the hopes of spreading viruses and gathering personal information – can happen to anyone. Cybercriminals have become quite savvy in their attempts to lure people into clicking on links or opening phony email attachments. Online phishing attacks can not only spread computer viruses, but they can pose a significant risk for identity theft.
Better Business Bureau has joined with the National Cyber Security Alliance’s STOP. THINK. CONNECT. campaign to recommend the following tips to avoid falling for an email phishing scam:
Be on your toes. Only open emails, attachments, and links from people you know. Use anti-virus software regularly and enhance email filters to block threats. Watch out for unsolicited emails that contain misspellings or grammatical errors.

Don’t believe what you see. It’s easy to steal the colors, logos and header of an established organization. Scammers can also make links look like they lead to legitimate websites, and make emails appear to come from a different sender.

Avoid sharing. Don’t reveal personal or financial information in an email, and do not respond to email solicitations for this information. This includes following links sent in email. Be wary of any urgent instructions to take specified action such as "Click on the link or your account will be closed."
Pay attention to a website's URL. Hover over any links to see where they lead. Malicious websites may look identical to a legitimate site, but the URL may use a variation in spelling or a different – but similar – domain.
If you are unsure whether an email request is legitimate, try to verify it by contacting the company directly. Contact the company using information provided on an account statement, not information provided in an email. Information about known phishing attacks is available online from groups such as the Anti-Phishing Working Group. Report phishing to APWG.
Keep a clean machine. Having the latest operating system, software, web browsers, anti-virus protection and apps are the best defenses against viruses, malware, and other online threats.

Courtesy of the BBB

Court of Appeal Announces Destruction of Records

Fourth Appellate District Announces Destruction of Old Court Records

San Diego—The Court of Appeal, Fourth Appellate District, Division One (San Diego) has announced its intention to destroy some of its criminal, juvenile, and civil records under Rule 10.1028(c) of the California Rules of Court.
All cases designated in records transfer lists 00042, 00047 and 00048.
These cases encompass criminal cases preserved for a period longer than 20 years and civil cases preserved for a period longer than 10 years. A copy of cases on this list can be sent by sending an email to kevin.lane@jud.ca.gov.
Anyone who knows of a reason why any of the above cases should be retained, whether for historical or other purposes, should notify Kevin J. Lane, Clerk/Administrator. The reasons for retention should be in writing, should be received by the court by Friday, November 1, 2013, and should be addressed to:

Mr. Kevin J. Lane, Clerk/Administrator
Court of Appeal, Fourth Appellate District
750 B Street, Suite 300
San Diego, CA 92101

Online Ethics Course for Judicial Candidates Launches

Online Ethics Course for Judicial Candidates Launches Course is mandatory for all judicial candidates SAN FRANCISCO—California judges and lawyers running for judicial office must take a new online judicial ethics course within 60 days of filing for office, creating a campaign committee, or receiving a campaign contribution. The mandatory judicial ethics course for judicial candidates went online this week. The course was developed by a working group of justices, judges, and lawyers after the Supreme Court adopted the mandatory rule—along with other changes to the California Code of Judicial Ethics—almost a year ago. “The Supreme Court changed the rules to promote and enhance public confidence in the integrity and impartiality of the judiciary and to provide guidance on the ethical obligations and responsibilities of those running for judicial office,” said Chief Justice Tani G. Cantil-Sakauye. “I am particularly pleased with the collaboration that produced this course—an effort that involved the California Judges Association, the Supreme Court Advisory Committee on the Code of Judicial Ethics, and the State Bar of California, as well as crucial support and expertise provided by the Administrative Office of the Courts’ Center for Judiciary Education and Research.” The chair of the working group, Los Angeles Superior Court Judge Paul A. Bacigalupo, said the course is designed to give candidates a practical understanding of judicial canons and laws, rules, and regulations. The course will help candidates run a campaign consistent with the Code of Judicial Ethics, and in the case of lawyers who are judicial candidates, with the Rules of Professional Conduct that govern lawyers. “The course illustrates how judicial campaigns are fundamentally different from political races,” said Judge Bacigalupo. “For example, judicial candidates may be disciplined by the Commission for Judicial Performance for failing to adequately supervise campaign staff or disclose campaign contributions.” Both the course and the rule that made it mandatory for all judicial candidates were recommendations made by the Commission for Impartial Courts, which was created in 2007 by then Chief Justice Ronald M. George. “The commission rightly pointed out that California has one of the best judicial selection systems in the country,” said Judge Bacigalupo. “But, like anything else, it could always use improvement, and the commission made recommendations to do just that. This new rule and the online course will help judicial candidates adhere to the highest ethical standards and, I hope, demonstrate to others that judges and justices strive to ensure fairness and impartiality for all parties and persons using the courts.” - See more at: http://www.courts.ca.gov/23733.htm#sthash.NiEHZMyF.dpuf
Efrat Levy Esq

Comment Sought on Two Draft Judicial Ethics Advisory Opinions

SAN FRANCISCO—The California Supreme Court Committee on Judicial Ethics Opinions invites the public to comment on two draft judicial ethics advisory opinions. One draft opinion answers questions posed to the committee about the disqualification requirements for judges who have received aggregated or law firm campaign contributions that exceed $1,500. The second draft opinion discusses how judges can ensure that disclosures are made on the record when there is no court reporter or electronic recording of the proceedings. Both draft opinions provide guidance under the California Code of Judicial Ethics, which establishes standards for ethical conduct for state judges on and off the bench and for candidates for judicial office.
The draft opinions are posted on the committee’s website at http://www.JudicialEthicsOpinions.ca.gov/itc.  The deadline for comment is November 15, 2013.

After considering the public’s comments on both draft opinions, the committee will decide whether or not to publish opinions in final form. Comments are due by November 15, 2013, and may be submitted in any of the following ways:

• Online at http://www.JudicialEthicsOpinions.ca.gov/itc;
• By email to Judicial.Ethics@jud.ca.gov; or
• By mailing comments to Ms. Nancy Black, Committee Counsel, The California Supreme Court Committee on Judicial
Ethics Opinions, 350 McAllister Street, San Francisco, California 94102.

CJEO is an independent committee appointed by the Supreme Court to help inform the judiciary and the public concerning judicial ethics topics. CJEO was established as part of the court’s constitutional responsibility to guide the conduct of judges and judicial candidates (Cal. Const., art. VI, § 18, subd. (m)). In making appointments to serve on CJEO, the court selects members of the bench with a strong background in judicial ethics and diverse courtroom experience. The current twelve CJEO members are justices, judges, a commissioner, and a retired bench officer who have served in courts of various sizes throughout the state.  

CJEO publishes formal opinions, issues confidential informal opinions, and provides oral advice on proper judicial conduct pursuant to the California Code of Judicial Ethics and other authorities (Cal. Rules of Court, rule 9.80(e)(1)). CJEO acts independently of the Supreme Court, the Commission on Judicial Performance, the Judicial Council, the Administrative Office of the Courts, and all other entities (rule 9.80(b)).

For more information about CJEO, visit the CJEO website and view the members’ page, call toll-free at 1 855-854-5366, or email Judicial.Ethics@jud.ca.gov. - See more at: http://www.courts.ca.gov/23653.htm#sthash.JzNFrCca.dpuf. 

News by Efrat Levy Esq http://www.elevylaw.com

California Department of Corporations

Effective July 1, 2013, the California Department of Corporations and the Department of Financial Institutions merged to form the Department of Business Oversight in accordance with the Governor’s reorganization of state departments and agencies to provide services more efficiently and effectively.

Consumer Alerts! Online Payday Lenders

California Department of Business Oversight Advises Caution for Payday Loan Consumers. The Department has posted an updated Internet Payday Lending Alert for consumers who might consider using payday cash advances from online lenders. This update is in addition to two previous alerts posted by the Department which may be found here: Internet Payday Lending Alerts.
The Department warns potential borrowers to take extra caution when dealing with unlicensed Internet payday lenders who fail to obtain a license with the Department of Business Oversight, evading state laws and regulations designed to protect consumers. The Alert provides advice and contact information to report unlicensed lenders.