Replies to post #34194 on Rapid Fire Marketing Inc. (fka RFMK)

[mattysimone]

go back 5000 messages mam and you will see that has already been taken care of. check the ibox kenco, i mean cj. we are current in Nevada and dont need it in cali :) get in before you get left behind!!

go cannacig

go rfmk

[MDPennyPlayer]

"Under California law, a foreign entity, i.e., an entity that is not organized under California law, must qualify to do business in California if it is engaged in "intrastate" business in California. A business is engaged in intrastate business in California if it engages in repeated and successive transactions in California other than in interstate or foreign commerce. This definition is about as circular as you can get and has generated its share of case law. Essentially, it is a smell test - if looks like the foreign corporation is doing local business in California, it has to qualify to do business in California. If it looks like an out-of-state business that is merely selling goods into California, it is engaged in interstate commerce and does not need to qualify to do business in California. Most likely, the California business person who is incorporating a business in Nevada to avoid California taxes is going to be transacting intrastate business in California."

http://www.pahl-mccay.com/should-california-businesses-incorporate-in-nevada.aspx

[MDPennyPlayer]

This case study is interesting. If RFMK is selling their ecigs to mmj distributors, then clearly no foreign registry is needed.

For example, in Le Vecke v. GriesedieckWestern Western Brewery Co., 233 F.2d 772 (9th Cir. 1956), a foreign brewery was deemed not to be transacting intrastate business in California despite shipping a considerable amount of its product to local distributors for distribution in California and had its officers make several sales promotion trips there. Despite these activities, the holding was based on the fact that the brewery did not maintain an office or place of business in California, did now own inventory or maintain a warehouse there, had no salesmen or employees there,and did not maintain a bank account, lend money, or ship on consignment to California.