Finance
Slavery: corporate disclosures
California will require large, long-established businesses to disclose records of any ties to slavery or the slave trade.
The law creates a public record of companies’ historical involvement in slavery-related transactions and makes disclosure a condition for certain state contracts. Its requirements take effect only after the Legislature appropriates funding.
What the law does
- Requires businesses operating in California with more than $100 million in worldwide annual receipts, existing directly or through a predecessor by December 31, 1964, to search their and related entities’ records for slavery-related activity.
- Requires covered businesses to submit sworn affidavits identifying relevant records, including names of enslaved people and slaveholders, transactions, insurance, loans, collateral, and other facilitation of slavery or the slave trade.
- Requires updated affidavits when covered businesses discover new reportable information.
- Directs the Civil Rights Department to create a public digital database, publish affidavits and records, preserve them indefinitely, and report annually to the Legislature.
- Requires covered businesses seeking or renewing state contracts worth $100,000 or more to certify that they submitted the required affidavit.
Who it affects
- Large businesses and enterprises operating in California whose company or predecessor existed on or before December 31, 1964.
- Parent companies, subsidiaries operating in California, and predecessor entities whose records may be searched.
- Covered businesses bidding for, entering, or renewing qualifying contracts with state agencies.
- The Civil Rights Department.
Context
An insurer may use slavery-era documentation it previously submitted to the Department of Insurance as part of its affidavit.