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| Statutory Updates and Filing Office News
Delaware Effective January 1, 2008 corporations that have an unpaid franchise tax balance or have not filed an annual franchise tax report with the Delaware Secretary of State will not be issued a certificate of good standing (or any certificate which includes the good standing paragraph option). Please contact CSC at 866-869-9385 for more information about this requirement or for filing assistance. Florida House Bill 7019, which passed both chambers, was enrolled April 15 and has an effective date of June 1, 2008, would repeal section 201.022, Florida Statutes, and eliminate DR-219 (Return for Transfers of Interest in Real Property Form) and the 1% commission retained by county clerks from the deeds proportion of documentary stamp collections. Georgia Senate Bill 436 passed both chambers of General Assembly and was eligible for governor’s signature on April 4. Among other things, the bill creates a $25.00 penalty for late filing of annual registration, deletes fees for dissolution and withdrawal filings, limits applications for reinstatement and entity name protection to 5 years after administrative dissolution, and modifies certain provisions for shareholder voting for directors. Full bill text can be accessed from: Indiana Senate Bill 307 signed March 21 among other things changes Secretary of State filing fees effective July 1, 2008 to include lower filing fees for electronic filings. Maine
LD 1792 (Senate Bill 636 and LR 1444) which passed both chambers would limit compensation of officers and directors of Maine nonprofit corporations. Minnesota House Bill 117 (Chapter 185) effective August 1 modifies personal jurisdiction over foreign corporations and nonresident individuals to exclude causes of actions in defamation and privacy. Nebraska LB 907 enrolled April 10 would allow LLCs unlimited time to apply for reinstatement after administrative forfeiture and authorize application to use a name that is deceptively similar if written consent from existing name on record is obtained or upon receipt of a court order. Bill text can be searched at: Utah Senate Bill 151 (Chapter 258) amended the Registration and Protection of Trademarks and Service Marks Act to eliminate provisions allowing registration of electronic service marks. Vermont House Bill 775, which passed both chambers and awaits action by the governor, would permit organization of a low-profit LLC to accomplish charitable or educational purposes as defined in Internal Revenue Code section 170(c)(2)(b) so long as no significant purpose is the production of income or appreciation of property and no purpose is to accomplish legislative or political purpose. Virginia House Bill 918 (Chapter 509) clarified merger provisions involving professional corporations and professional LLCs. Wisconsin Senate Bill 391 (Act 133) signed March 21 authorizes the revocation
of a voluntary dissolution of a LLC within 120 days of the effective date
of the dissolution. Full bill text can be accessed from: West Virginia House Bill 4421 (Act 212) effective July 1, 2008 replaces corporate license tax with annual report for corporations and $25.00 fee payable to Secretary of State similar to annual reports for other entity types. International The Canada Revenue Agency (CRA) will administer corporate income tax on behalf of Ontario for taxation years ending after December 31, 2008. Corporations that currently file a corporate income tax return with the Ontario Ministry of Revenue will file a single, harmonized T2 Corporation Income Tax Return (including the Ontario Corporations Information Act Annual Return). More information is available at http://www.cra.gc.ca Motor Vehicle Updates Alabama The following website allows you to check whether an AL title has been issued. Enter the VIN or the application number on the title application to track the status of the title. www.aletaps-status.com. Idaho Effective May 1, 2008, Access Idaho, the web portal that provides the gateway to driving records and vehicle records, is raising access fees. All users must be pre-approved to have access to these services. For more information about Access Idaho visit www.accessidaho.org/subscriber/. Missouri Effective May 1, 2008, the MO Department of Revenue will change its fee for motor vehicle (driving and vehicle) record access to $7.00. This affects online access as well as mail requests and counter service.
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