| Statutory
Updates
California
An article on the Franchise Tax Board Web site describes how to
file a protective claim pending the outcome of litigation over California's
annual LLC fee of $800 under Revenue & Taxation Code Section 17942.
Superior Court issued a proposed statement of decision ruling that
the LLC fee based on worldwide income violates the commerce and
due process clauses.
http://www.ftb.ca.gov/professionals/taxnews/article/llcfee.html
Colorado
Beginning May 30, all trade names will be filed in the office of
the Colorado Secretary of State Business Division. Forms from the
Department of Revenue will not be accepted by the Secretary of State,
since all trade name filings will be filed electronically with a
$1 filing fee.
http://www.sos.state.co.us/pubs/business/tradename_notice2.htm
Georgia
HB 304 (Act No. 641), signed by the governor April 28 and effective
July 1, regulates business, professional, and occupational taxes
and fees.
http://www.legis.state.ga.us/legis/2005_06/sum/hb304.htm
HB 989 (Act No. 624), signed by the governor April
28 and effective July 1, changes sunset dates for superior court
clerk real estate and personal property filing fees from 2010 to
2012.
http://www.legis.state.ga.us/legis/2005_06/sum/hb989.htm
Hawaii
Senate Bill 744, sent to the governor May 8, cleans up business
registration laws and relates to false statements in service of
process on surviving entity.
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb744_hd1_.htm
Senate Bill 2248, sent to the governor May 8, relates
to solicitation of funds for charitable purposes. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2248_hd1_.htm
Illinois
HB 4315 (Public Act No. 94-749), signed by governor May 9, amends
the Solicitation for Charity Act and definitions of professional
fund raiser and solicitor to include entities that receive and collect
contributions. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0749
Iowa
Senate File 2374, signed by the governor April 26, makes several
changes to the business entity statutes, including administration
dissolution of LLCs for failure to file a biennial report and reinstatement
following administrative dissolution. http://www.legis.state.ia.us/aspx/Cool-ICE/DisplayBills.htm
and choose SF2374.
Maine
Legislative Document 2034 (Public Law, Chapter No. 531), effective
April 4, allows a corporation formed under Title 13 of Maine Revised
Statutes to merge or consolidate with a nonprofit corporation formed
under Title 13-B. http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280020452&LD=2034&Type=1&SessionID=6
Legislative Document 1761-Senate Bill 689 (Public
Law, Chapter No. 608) provides an alternative tax calculation for
purposes of the franchise tax on financial institutions based entirely
on state assets. http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280019880&LD=1761&Type=1&SessionID=6
Mississippi
The Mississippi Secretary of State Business Services Division indicated
in May that reminders have not been mailed to the registered agent
for corporations to file the annual report by the revised due date
of June 1 which will be waived. Online filing can be accessed from
http://www.sos.state.ms.us/busserv/
New Hampshire
House Bill 1227 (Chapter No. 81), effective May 5, increases late
filing fees from $25 to $50 for corporations, LLCs, partnerships,
and investment trusts and provides for repayment by the state of
certain late filing fees and reinstatement fees in excess of $50
between May 1, 2005 and June 30, 2006.
http://www.gencourt.state.nh.us/legislation/2006/HB1227.html
New York
Senate Bill 6831 was amended May 10, on its third reading, and would
amend Chapter 767 of the Laws of 2005 that becomes effective June
1, requiring notices relating to business entities to be published
for 6 weeks. SB 6831 may be accessed from
http://www.assembly.state.ny.us/leg/?bn=S06831
Senate Bill 7584, introduced April 26, would repeal
certain provisions of the publication requirements. SB 7584 can
be accessed from
http://www.assembly.state.ny.us/leg/?bn=S07584&sh=t
Tennessee
Senate Bill 3324 (Chapter No. 620), signed by governor May 5, makes
changes to the Revised LLC Act and enacts the TN Revised Nonprofit
LLC Act effective July 1.
http://www.legislature.state.tn.us/bills/currentga/BILL/SB3324.pdf
Vermont
House Bill 678 (Act No. 122), signed by governor May 2, allows formation
of a sponsored captive insurance company as a nonprofit corporation
or a manager-managed LLC.
http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT122.HTM
Washington
SB6463, effective June 7, permits banks, savings banks, and holding
companies for banks to organize as or convert to LLCs.
http://www.leg.wa.gov./pub/billinfo/2005-06/pdf/bills/session%20Law%202006/6463.SL.pdf
SB 6596, effective June 7, revised provisions of the
Washington Business Corporations Act regarding dissolution of Washington
corporations and claims arising after dissolution.
http://www.leg.wa.gov./pub/billinfo/2005-06/pdf/bills/session%20Law%202006/6596.SL.pdf
International Jurisdictions
Commonwealth of Puerto Rico
The House of Representatives and Senate approved May 12-13 a solution to the funding crisis, which caused the closing of non-essential government agencies including the Department of State Corporations Division effective May 1.
Federal Canada
Effective July 1, amendments to the Canada Business Corporations
Regulations, 2001 changing annual return filing requirements will
come into force. The filing deadline changes from six months after
taxation year-end to within 60 days following the anniversary date
of incorporation, amalgamation, or continuance.
http://corporationscanada.ic.gc.ca/epic/internet/incd-dgc.nsf/en/cs03184e.html
Motor Vehicle Updates
Colorado
CO DMV has combined the application for title and registration, verification of vehicle identification number, and the Colorado dealer statement. This form now has two pages instead of one. The new application form number is DR2395(1-27-06).
Iowa
Iowa requires the lien holder's residential street address on the title application; it will be rejected if a P.O. Box is used. The state is enforcing the primary user residential (in-state) address on the title application located under the section labeled primary user #1. This will require the driver's full name, driver license number, and date of birth.
Wisconsin
The Emissions Program Area consists of Kenosha, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington, and Waukesha counties. Emission tests
are required on automobiles and trucks with a manufacturer's gross
vehicle weight equal to or less than 10,000 lbs.

|