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  www.incspot.com     |     Contact Us     |     Archive SEPTEMBER 2006

Statutory Updates
Business Entity Filings/UCC Updates

California
The secretary of state amended regulations for preclearance and expedited filing of documents. Expanded services become available on October 1, 2006. More information can be accessed from http://www.ss.ca.gov/business/be_peregs.htm.

Assembly Bill 339 would (1) enact the Uniform Limited Partnership Act of 2008 and repeal existing LP laws effective January 1, 2010; (2) permit a member of an LLC as apart of a sale or dissolution to agree to refrain from carrying on a similar business; and (3) make changes to the merger and other provisions of the corporations code, but only if Assembly Bills 2914 and 339 are both chaptered and become effective on or before January 1, 2007.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0301-0350/ab_339_bill_20060828_amended_sen.html

The governor vetoed assembly Bill 675 on September 7. The bill – which passed both chambers and was enrolled August 23 – would have required publicly traded corporations to file an information return reconciling financial statement net income (loss) to the net income (loss) reported on tax return
http://www.leginfo.ca.gov/pub/bill/asm/ab_0651-0700/ab_675_bill_20060823_enrolled.html

Assembly Bill 2588 – enrolled August 24 – would require the secretary of state to reinstate a business entity to active status upon a court finding that factual representations in support of the termination document are materially false or the submission of the termination document for filing is fraudulent or upon other grounds warranting reinstatement of the business entity.
http://www.leginfo.ca.gov/pub/bill/asm/ab_2551-2600/ab_2588_bill_20060817_enrolled.html

Assembly Bill 2914, enrolled September 7 and sent to governor September 12, amends the Uniform Partnership Act of 1994. The act relates to limited liability partnerships and would amend the corporations code, but only if both Assembly Bills 339 and 2914 are chaptered and become effective on or before January 1, 2007.
http://www.leginfo.ca.gov/pub/bill/asm/ab_2901-2950/ab_2914_bill_20060907_enrolled.html

Senate Bill 1207 was enrolled on September 8. The bill would authorize a listed corporation – that has eliminated cumulative voting to amend its articles of incorporation or bylaws to provide an uncontested election approval by a required majority of shares voting – to elect each director.
http://www.leginfo.ca.gov/pub/bill/sen/sb_1201-1250/sb_1207_bill_20060901_enrolled.html

Missouri
Senate Bill 1208, effective August 28, 2006, enables directors of a corporation to submit directly to shareholders a proposed amendment to a corporation’s articles of incorporation.
http://www.senate.mo.gov/06info/BTS_Web/Bill.aspx?SessionType=R&BillID=165770

New Jersey
The Sales and Use Tax Law (P.L. 2006, Chapter 44), effective October 1, 2006, raised the rate from 6% to 7%. The law also expanded taxable services to include information services – defined in Section 2(yy) as the furnishing of information of any kind that has been collected, compiled, or analyzed by the seller and has been provided through any means or method other than personal or individual information, which is not incorporated into reports furnished to other people.
http://www.njleg.state.nj.us/2006/Bills/PL06/44_.PDF


New York
Senate Bill 8416 effective July 26, 2006 amended the Non-Profit Corporation Law to clarify procedures for dissolution, winding up, reinstatement, and corporate name reservation.
http://www.assembly.state.ny.us/leg/?bn=S08416&sh=t


Motor Vehicle Updates

NORTH CAROLINA

If you are transferring a non-leased vehicle into North Carolina and the owner is not changing, you can get credit for taxes paid to another state if they were paid in the last 90 days. The following will be accepted as proof the taxes were paid: tax receipt, Bill of Sale or notarized affidavit. If it has been more than 90 days since the taxes were paid a flat tax of $150.00 will be charged.

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