2009 California Penal Code - Section 1390-1397 :: Chapter 9. Proceedings Against Corporations

PENAL CODE
SECTION 1390-1397

1390.  Upon the filing of an accusatory pleading against a
corporation, the court shall issue a summons, signed by the judge
with his name of office, requiring the corporation to appear before
him, at a specified time and place, to answer the charge, the time to
be not less than 10 days after the issuing of the summons.

1391.  The summons shall be substantially in the following form:

   County of (as the case may be).
   The people of the State of California to the (naming the
corporation):
   You are hereby summoned to appear before me at (naming the place),
on (specifying the day and hour), to answer an accusatory pleading,
for (designating the offense generally).
   Dated this ____ day of ____, 19__.
   G. H., Judge, (name of the court).

1392.  The summons must be served at least five days before the day
of appearance fixed therein, by delivering a copy thereof and showing
the original to the president or other head of the corporation, or
to the secretary, cashier, managing agent, or an agent of the
corporation designated for service of civil process.

1393.  At the appointed time in the summons, the magistrate shall
proceed with the charge in the same manner as in other cases.

1396.  If an accusatory pleading is filed, the corporation may
appear by counsel to answer the same, except that in the case of
misdemeanors arising from operation of motor vehicles, or of
infractions arising from operation of motor vehicles, a corporation
may appear by its president, vice president, secretary or managing
agent for the purpose of entering a plea of guilty. If it does not
thus appear, a plea of not guilty shall be entered, and the same
proceedings had thereon as in other cases.

1397.  When a fine is imposed upon a corporation on conviction, it
may be collected by virtue of the order imposing it in the manner
provided for enforcement of money judgments generally.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.