On Friday, Governor Brown signed SB 323 (Vargas) into law. It was chaptered by the Secretary of State the same day. Section 20 of the bill adds the California Revised Uniform Limited Liability Company Act (RULLCA) to the Corporations Code as a new Title 2.6. The RULLCA will become operative on January 1, 2014 (See new Corporations Code Section 17713.13). The existing Beverly-Killea Limited Liability Company Act found in Title 2.5 is repealed as of that same date unless a later enacted statute, that is enacted before that date, deletes or extends that date.
Out with old, in with the new, what could be wrong with that? It turns out plenty.
At the most fundamental level, the repeal of the Beverly-Killea Act as to existing limited liability companies is unconstitutional.
Fascinating. I think he's got a point.