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Statutory Updates

Arizona

Effective September 19, 2007, corporations and LLCs may apply for reinstatement within 6 years (instead of 3 years) after administrative dissolution, and LLC articles of merger may include amendments to articles of the surviving entity. These were among the provisions of House Bill 2111 (Chapter 4) and House Bill 2050 (Chapter 110) (Laws 2007) which can be accessed from
http://www.azcc.gov/Divisions/Corporations/

California

Assembly Bill 198 enrolled September 17 and sent to governor September 21 amends Section 17942 of the Revenue and Taxation Code to require LLCs to pay an annual fee equal to specified amounts based upon total income from all sources reportable to the state for tax years beginning on or after January 1, 2008. Bill text can be accessed from
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0151-0200/ab_198_bill_20070917_enrolled.html

AB 897 (Chapter 238) amends the Corporation Tax Law effective January 1, 2008 to make an organization exempt from state taxes by submission to the Franchise Tax Board of a copy of notice issued by IRS approving the organization’s tax-exempt status pursuant to IRC section 501(c)(3).
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0851-0900/ab_897_bill_20070926_chaptered.html

AB 937 enrolled and sent to governor September 14 amends the Architects Practice Act to permit an architect to form a business entity and collaborate with a nonarchitect.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0901-0950/ab_937_bill_20070910_enrolled.html

AB 1484 enrolled September 18 and sent to governor September 25 enacts the Model State Trademark Law and expands the information required to be submitted with an application for registration of a mark.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1451-1500/ab_1484_bill_20070918_enrolled.html

AB 1670 enrolled and sent to governor September 28 revises conditions under which a new Fictitious Business Name (FBN) statement must be filed in county clerk office followed by publication in newspaper of general circulation in county where assumed name was filed.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1651-1700/ab_1670_bill_20070919_enrolled.html

Senate Bill 414 (Chapter 80) amends the aggregate limit of liability under insurance policies required for LLPs engaged in the practice of accounting and law.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0401-0450/sb_414_bill_20070717_chaptered.html

SB 644 (Chapter 189) deletes requirement for abstracts of judgments or decrees requiring payment of money and liens on unsecured property for delinquent taxes to contain social security number and driver’s license number of judgment debtor or assessee.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0601-0650/sb_644_bill_20070831_chaptered.html

SB 998 (Chapter 101) requires corporations to include in the Statement of Information the mailing address of the principal office if different from the street address.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0951-1000/sb_998_bill_20070720_chaptered.html

Illinois

Senate Bill 319 (Public Act No. 95-472) effective 8/27/07 creates the Uniform Real Property Electronic Recording Act.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0472

SB 355 (Public Act No. 95-446) effective 1/1/08 amends UCC Section 9-516 regarding refusal to accept record for filing
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0446

SB 368 (Public Act No. 95-368) amends the Business Corporation Act, General Not-for-Profit Corporation Act, LLC Act and Professional Service Corporation Act effective July 1, 2007
http://www.ilga.gov/legislation/publicacts/95/PDF/095-0368.pdf

SB 1435 (Public Act No. 95-507) effective 8/28/07 prevents Secretary of State from authorizing another corporation's use of a corporate name of an administratively dissolved corporation for 3 years after issuance of certificate of dissolution.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0507

SB 1576 (Public Act No. 95-515) effective 8/28/07 permits revocation of foreign corporation under Section 13-50(m) of Business Corporation Act or a foreign LLC under Section 45-35(a)(3) of LLC Act when SOS receives certified copy of judgment for money owed to a unit of local government or a school district together with a statement by the unit's attorney that the judgment is not satisfied and no appeal has been filed.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0515

House Bill 217 (Public Act No. 95-284) provided that a security interest in a vehicle is perfected as of the time of its creation, if delivery of the necessary documentation to the Secretary of State is completed within 30 (rather than 21) days after the creation of the security interest or receipt of the existing certificate of title by the new lienholder.
http://www.ilga.gov/legislation/publicacts/95/PDF/095-0284.pdf

HB 293 (Public Act No. 95-287) provided for changes to the list compiled by Secretary of State of all registered vehicles.
http://www.ilga.gov/legislation/publicacts/95/PDF/095-0287.pdf

HB 1138 (Public Act No. 95-207) provides for vehicle registration application to require domicile address, not personal address, and provides for corrected registration or certificate of title upon application and payment of fee.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0207

HB 1630 (Public Act No. 95-215) deletes existing statutory requirements for recorders to make and certify abstracts of title and to make tax and judgment searches
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1630&GAID=9&DocTypeID=HB&LegId=30441&SessionID=51&GA=95

Michigan

State legislators reached a comprehensive budget agreement to avert a government shutdown on Monday, October 1. Three bills enrolled October 1 amended business entity statutes to postpone for 5 years until September 30, 2012 a sunset on filing fees that accompany annual reports required of all domestic and foreign corporations and non-profit corporations and annual statements of domestic and foreign LLCs.

HB 4866 (corporations) http://www.legislature.mi.gov/documents/2007-2008/billenrolled/House/htm/2007-HNB-4866.htm

HB 5257 (nonprofit corporations) http://www.legislature.mi.gov/documents/2007-2008/billenrolled/House/htm/2007-HNB-5257.htm

HB 5258 (LLCs) http://www.legislature.mi.gov/documents/2007-2008/billenrolled/House/htm/2007-HNB-5258.htm

HB 4517 (Public Act No. 53) signed by governor September 5 provides that a register of deeds shall not receive an instrument for recording unless the first 5 digits of the Social Security Number appear in instrument are obscured or removed. http://www.legislature.mi.gov/documents/2007-2008/publicact/htm/2007-PA-0053.htm

HB 4519 (Public Act No. 54) signed by governor September 5 provides that a register of deeds shall not receive for recording an affidavit unless the first 5 digits of the Social Security Number are obscured or removed. http://www.legislature.mi.gov/documents/2007-2008/publicact/htm/2007-PA-0054.htm


Motor Vehicle Updates

Arizona

In order to title and register a vehicle concurrently, a local Arizona address is required.

New York

When registering a pick-up truck that is currently owned by a business, you must obtain commercial plates. It is no longer an option to obtain passenger plates. The DMV now assumes a truck is being used for commerical purposes if it is owned by a business.

North Carolina

Effective immediately, individuals must present a North Carolina driver license or a North Carolina Identification Card to register a vehicle in that state. You can check with a local DMV office for exceptions.

Vermont

The fee to title a vehicle in Vermont has increased to $28.00.

 

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