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Statutory Updates and Filing Office News

Arkansas

Act 15 of 2007 required limited partnerships to file annual reports with the Secretary of State by May 1, 2008. Act 569 of 2007 required nonprofit corporations to file annual reports by August 1, 2008. Text of these acts can be accessed from http://www.sosweb.state.ar.us/corp_ucc_business_legislative_changes.html

Colorado

House Bill 1055 signed by Speaker of House Feb 20 would clarify certain organizational requirements for business entities including limited partnership and cooperative association.

House Bill 1089 passed Senate February 22 and would authorize nonprofit corporations to take action by votes in writing rather than at a meeting in which decision makers are physically present.

To access text of these bills, clink on link and choose House Bills 1051-1100 and click on Go button.
http://www.leg.state.co.us/Clics/CLICS2008A/csl.nsf/BillFoldersHouse?openFrameset

Delaware

The Secretary of State Corporations Division clarified its policy on processing orders for authentication or apostille on an expedited basis. If the documents are for the same entity, the Corporations Division charges a one-time expedited fee. If the documents are for multiple entities, a separate expedited fee is charged for each entity involved. Entities from other U.S. or foreign jurisdictions are treated the same.

Idaho

Senate Bill 1262 signed by Speaker February 21 amends Entity Transactions Act consistent with NCCUSL’s Model Entity Transactions Act regarding merger, conversion, interest exchange and domestication of business entities. http://legis.state.sd.us/sessions/2008/Bills/HJR1001ENR.htm

Indiana

House Bill 1187 engrossed February 19 relates to notice given by a nonprofit corporation by communicating in person, mail or other method of delivery, telephone, voice mail, or other electronic means. http://www.in.gov/legislative/bills/2008/EH/EH1187.1.html

House Enrolled Act 1275 relates to government agency fees to certify and copy public records and defines actual cost to agency. http://www.in.gov/legislative/bills/2008/HE/HE1275.1.html

Illinois

The Franchise Tax and License Fee Amnesty Act of 2007 enables corporations until March 17, 2008 to pay delinquent franchise taxes, filing fees and license fees while avoiding statutory penalties and interest. Any document meeting the requirements of the amnesty program must be filed prior to the close of business on March 17. http://www.cyberdriveillinois.com/departments/business_services/franchisetax.html

Michigan

Senate Bill 123 enrolled February 19 and sent to governor February 21 would amend the Nonprofit Corporation Act to allow use of electronic communications.
http://www.legislature.mi.gov/documents/2007-2008/billconcurred/Senate/htm/2007-SCB-0123.htm

South Dakota

House Bill 1136 enrolled February 22 revises requirements for registration of business fictitious name statements filed electronically with secretary of state or at county register of deeds and to be renewed every fifty year.
http://legis.state.sd.us/sessions/2008/Bills/HB1136ENR.htm

House Bill 1137 signed by governor February 19 adopted the Model Registered Agents Act effective July 1, 2008.
http://legis.state.sd.us/sessions/2008/Bills/HB1137ENR.htm

House Bill 1190 enrolled February 20 revises the Business Corporations Act regarding issuance of shares and cumulative voting.
http://legis.state.sd.us/sessions/2008/Bills/HB1139ENR.htm

House Joint Resolution 1001 enrolled February 21 proposes constitutional amendment to repeal provisions of the state constitution relating to corporations.
http://legis.state.sd.us/sessions/2008/Bills/HJR1001ENR.htm

Senate Bill 93 enrolled February 22 revises the Uniform Commercial Code
http://legis.state.sd.us/sessions/2008/Bills/SB93ENR.htm

Utah

House Bill 99 enrolled February 22 requires a certificate of assumed and true name form created by the Division of Corporations and Commercial Code to allow a person to provide information about the gender and race of the entity’s owner.
http://le.utah.gov/~2008/bills/hbillint/hb0099.htm

Senate Bill 110 (substitute) enrolled February 22 permits corporations, nonprofit corporations, limited liability companies, and limited liability partnerships formed under Indian tribal laws to register as a foreign business entity.
http://le.utah.gov/~2008/htmdoc/sbillhtm/sb0110s01.htm

Virginia

Senate Bill 146 enrolled February 20 amends acts relating to stock and nonstock corporations, including authorization to correct State Corporation Commission records to eliminate clerical errors and eliminate filings made by a person without authority of the corporation.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb146&Submit2=Go

Senate Bill 573 enrolled February 20 reorganizing provisions of LLC Act regarding winding up, cancellation, and reinstatement of LLCs.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb573&Submit2=Go

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CSCFlash™ is not intended to provide legal or professional advice. If such advice is required, you should seek the services of an attorney or other professional. CSC cannot guarantee the completeness or accuracy of the information in CSCFlash.