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Statutory Updates and Filing Office News

California

Effective September 15, the Secretary of State Department of Business Services will offer in the Sacramento office only a same-day expedite service (in by 9:30 am, out by 4:00 pm) for a fee of $750.00. For more details, go to http://www.sos.ca.gov/business/and click on link “Notice of Change – Business Entities Filing and Order Services and Fees” and the final regulations can be accessed at http://www.sos.ca.gov/business/bpd_shregs.htm

Assembly Bill 1290 enrolled August 8 would amend the Business and Professions Code sections on Fictitious Business Name (FBN) registration so that county recorders are not required to retain notices of pending expiration that are returned as undeliverable.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1251-1300/ab_1290_bill_20080808_enrolled.html

AB 2749 enrolled August 14 would authorize a California state depository corporation to merge with a corporation or other business entity that is not a depository corporation if the California state depository corporation is the surviving corporation of that merger.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2701-2750/ab_2749_bill_20080814_enrolled.html

Senate Bill 1396 enrolled August 6 would authorize a county board of supervisors to impose a fee of up to $3 to be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county, and would define "real estate instrument" to mean a deed of trust, an assignment of deed of trust, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, and a notice of rescission of declaration of default.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_1351-1400/sb_1396_bill_20080806_enrolled.html

SB 1409 (Chapter 177) signed by governor July 22 permits publicly traded corporations to post annual reports to shareholders including financial statements on the Internet to satisfy state requirement to provide this information to shareholders.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_1401-1450/sb_1409_bill_20080722_chaptered.html

Illinois

HB 5586 (Public Act No. 95-875) signed by governor August 21 amends the Counties Code to provide that upon request by any person, the county recorder shall redact or remove that person’s Social Security number, employer Taxpayer ID number, driver license number, state ID number, passport number, checking or savings account number, credit or debit card number, or personal ID code from any internet website used to display public records.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0875&GA=095

SB 546 enrolled and sent to governor June 27 would have amended the Notary Public Law and changed recording procedures for residential real estate transactions in Cook County effective July 1, 2008. SB 546 received an amendatory veto August 15 from governor, who recommends the effective date be changed to July 1, 2009.
http://www.ilga.gov/legislation/fulltext.asp?DocName=09500SB0546enr&GA=95&SessionId=51&DocTypeId=SB&LegID=28369&DocNum=0546&GAID=9&Session=

SB 2080 (Public Act No. 95-895) signed by governor August 22 amends the UCC with respect to general provisions (superseding the federal Electronic Signatures in Global and National Commerce Act) and documents of tile.
http://www.ilga.gov/legislation/publicacts/95/095-0895.htm

SB 2722 (Public Act No. 95-865) signed by governor August 19 amends the Code of Civil Procedure and provides that state courts have jurisdiction over a person who obtains a judgment in a defamation action outside the USA against a resident person or business with principal office in Illinois for rendering declaratory relief with respect to liability for the judgment or determination whether the judgment should be deemed non-recognizable.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0865&GA=095


Motor Vehicle Updates

District of Columbia

Safety Inspections: If commerical plates are requested, the Safety Inspection must be marked "commercial" and the inspection will be valid for 1 year. If passenger plates are requested, the inspection will be valid for 2 years.

 

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