| Statutory
Updates
Arkansas
Franchise taxes are payable without penalty through May 1, 2006
and may be paid online at www.sos.arkansas.gov.
Kansas
SB 37 effective January 1, 2006 eliminated the 90-day extension
period to file annual reports which are due April 15 (the 15th day
of the 4th month for fiscal year filers). http://www.kslegislature.org/bills/2006/37.pdf
Kentucky
Business entities registered in the Commonwealth of Kentucky can
obtain 2006 annual reports from the Secretary of State website and
file online by June 30. www.sos.ky.gov/annualreports.
Michigan
Public Law 212 of 2005 reduced fees for profit corporations effective
January 1, 2006.
The minimum fee is $50.00 for up to 60,000 initial authorized shares
and increases in authorized shares for a domestic corporation, and
the fee is $100.00 for 60,000 to 1 million shares. Foreign profit
corporations qualified to do business in Michigan pay for authorized
shares attributable to Michigan which is determined by multiplying
the number of authorized shares by the most recent apportionment
percentage used in computation of the single business tax. Public
Law 212-220 provided for four options of expedited services –
1 hour, 2 hour, same day and 24 hours. The new laws also require
Michigan filing offices to accept electronic filings by December
2006. Additional information including descriptions of the expedited
service options and fees can be accessed from http://www.michigan.gov/printerFriendly/0,1687,7-154--133939--,00.html.
Nebraska
Domestic and Foreign Occupation Tax Reports are filed biennially
in even numbered years only. The 2006-2007 tax reports were mailed
the last week in December.
New York
Chapter 316 of the Laws of 2005 effective January 1, 2006 amended
several aspects of the law regarding real and assumed names of corporations
and other business entities. An education corporation formed or
authorized under the Education Law may not file a certificate of
assumed name with the Department of State unless the consent of
the Board of Regents is attached. An education corporation which
filed a certificate of assumed name prior to January 1, 2006 must
file a copy of the certificate with the Education Department no
later than March 31, 2006. The complete text can be viewed by searching
Chapter No. 316 at http://public.leginfo.state.ny.us/menugetf.cgi.
SB 85 (same as AB 1075 and 7383) which clarifies the
publication of notice requirements for LLCs and partnerships was
sent to the governor December 30, 2005. The bill can be accessed
at http://assembly.state.ny.us/leg/?bn=S00085.
Nevada
SB 199 effective July 1, 2006 adopted the Uniform Partnership Act
(1997), and Section 26 permits voluntary general partnership filings
at the Secretary of State.
http://www.leg.state.nv.us/statutes/73rd/Stats200505.html#Stats200505page421
New Jersey
SB 204 (2004) signed by governor and chaptered as Chapter No. 283
on January 9, 2006 revises the Charitable Registration and Investigation
Act to provide enhanced disclosure requirements and ease statutory
compliance for smaller volunteer organizations. The bill text can
be accessed from http://www.njleg.state.nj.us/bills/BillsByNumber.asp.
The New Jersey Department of the Treasury Division
of Revenue is mailing notices to the registered agent of business
entities registered in NJ with information required to comply with
mandatory online filing of Annual Reports on the NJ Business Gateway
Services. The notice is sent three months prior to the filing date
of the annual report. NJ no longer sends paper annual reports. Corporations
no longer will be able to file the paper CAR-100 with the Corporate
Business Tax Return (CBT), and the formation or registration date
will become the due date for filing. Any outstanding annual report
due prior to the 2005 fiscal period will retain its original due
date but must be submitted electronically. Elimination of paper
forms does not change the annual report filing and payment requirements.
Annual fees are $50.00 for profit corporations, LP, LLP and LLC
and $25.00 for non-profit corporations. Additional information can
be accessed from the website of NJ Business Gateway Services at
www.nj.gov/njbgs.
Oregon
SB 259 effective January 1, 2006 permits directors of nonprofit
corporations to electronically conduct meetings and consents authorizing
board action without a meeting.
http://www.leg.state.or.us/05reg/measpdf/sb0200.dir/sb0259.en.pdf
International
British Virgin Islands
Amendments to the BVI Business Companies Act, 2004 complete the
transition from the International Business Companies Act, 1984.
Companies formed under the IBC act can adopt new memoranda and articles
of association governed by the new act or wait until January 1,
2007 to become automatically re-registered under the new act. Restricted
purpose companies, segregated portfolio companies and companies
limited by guarantee are permitted under the new act. A company
creating a security interest or mortgage over its property must
keep a register of charges at its registered office, and the new
act allows optional registration of charges at the Registrar of
Corporate Affairs by either the company or the chargee (secured
party).
Province of Quebec
Amendments to the Act Respecting the Legal Publicity of Sole Proprietorships,
Partnerships and Legal Persons came into effect January 1, 2006
which permit legal persons (corporations) formed in Quebec to file
an Information Return for the Quebec Enterprise Register (Form LE-630)
when filing a tax return with the Minster of Revenue of Quebec (MRQ)
in the 6 months following financial year end. Extra-provincial legal
persons (corporations formed outside of Quebec with no establishment
in Quebec) must file an Annual Declaration at the Enterprise Registrar
between May 15 and November 15 and are not permitted to make a joint
filing with Revenue.
Motor Vehicle Updates
Washington
Effective immediately Washington State requires scale weights for
all vehicles applying for registration within the state. They will
accept weights that are included on out of state titles or MSO's
but if it's not available on either one of them a valid weight slip
or ticket will be required.
Iowa
The Iowa Dept. of Transportation has raised their fee to add a lien
to a title. Effective immediately the cost will be $10.00 per lien.

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