Statutory Updates Survey

CSC would like to enhance the way we update you with information about changes at the jurisdiction (statutory updates) and would like your input. Please click here to give us your input.

Iowa
The Revised Uniform Limited Liability Company Act (Iowa Code Chapter 489) signed by the governor May 10, 2008 takes effect January 1, 2009 and will govern new formations and qualifications filed at the Secretary of State Office of Business Services.  Existing LLCs registered in Iowa under the current LLC law (Iowa Code Chapter 490A) will automatically be covered by the new law effective January 1, 2011.  Existing LLCs may elect to be governed by the new law earlier than the transition date.  Bill text may be accessed from:
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=billbook&GA=82&hbill=HF2633

Michigan
Senate Bills 927 and 1160 passed both chambers and were enrolled December 11 and presented to the governor December 15. The bills revise recording protocols for register of deeds offices and are tie-barred (one can not take effect with the other). SB 927 can be accessed at:
http://www.legislature.mi.gov/documents/2007-2008/billenrolled/Senate/htm/2007-SNB-0927.htm
SB 1160: http://www.legislature.mi.gov/documents/2007-2008/billenrolled/Senate/htm/2008-SNB-1160.htm

New Jersey
The State of New Jersey Department of the Treasury Division of Revenue Business Support Services Bureau is moving Friday December 19 to 33 West State Street, 5th Floor, Trenton, NJ 08646. Services will be interrupted for the office relocation. Customers will not be able to fax, deliver, request or pick up work after 11:00 am on Friday Dec 19. Online services will be available for processing new business entities, reinstatements, annual reports and obtaining good standings and status reports. Retrieval of corporate and UCC copies has been delayed by a total mechanical failure of the state’s FileNet system. Copies of documents filed prior to 1988 are available since they are stored on microfiche and not the state’s image library.

Nevada
The Nevada Secretary of State posted its year-end filing policy for documents processed by the Commercial Recordings Division. If a filing is not in fileable form in the filing office by close of business on December 31, the filing will not receive a 2008 file date. Expedited filings received on or before December 31 which are not in order will receive a 2008 file date if corrections are made within 2 days of notification of deficiency with all documents resubmitted no later than 5:00 pm Tuesday, January 6. Initial, amended and annual lists may be filed online at www.nvsos.gov without penalty until 11:59 pm on December 31. Read more.

Pennsylvania
The Commonwealth of Pennsylvania Department of State Corporation Bureau is eliminating a cover sheet which accompanies filing evidence in an effort to conserve paper. The state started a test program with CSC and a few other high volume filers and will eventually eliminate the cover sheet when returning evidence to all filers. The cover sheet is known as the “happy letter” because of its first sentence: “The Corporation Bureau is happy to send you your filed document.”

Texas  
The Texas Comptroller of Public Accounts is sending notices of delinquency to entities that are affiliates of a reporting entity whose TX franchise tax account is delinquent because the entity failed to satisfy filing requirements. As an affiliate of the reporting entity, an entity's right to transact business in TX will be forfeited unless the delinquent status of the reporting entity is satisfied; an entity's officers, directors, partners, members or owners may become liable for debts of the entity including taxes, penalties and interest which are incurred after the due date of the report and/or payment that caused the delinquency; and an entity may be unable to sue or defend in state court. If the reporting entity fails to satisfy the delinquency, the state may file liens, file suit for injunction and/or judgment, withhold state issued warrants, freeze assets and seize and sell properties. Frequently asked questions about Combined Group reporting may be accessed at:
http://www.window.state.tx.us/taxinfo/franchise/faq_comb_rpt.html#comb_rpt15

Washington, DC
The District of Columbia's DCRA License Center is mailing information regarding a new General Business License program to business entities registered in DC that pay business taxes. The DC government estimates that 16,000 previously unlicensed businesses will be required to obtain a General Business License. The license fee is $200.00 for a 2-year license in addition to a $70.00 application fee. Online filing is not yet available. Rolling deadlines from 12/31/2008 to 8/31/2009 are based on the state of the business entity's billing address. The states of AK, AL, AR, AZ, CA and CO have a deadline of 12/31/2008. More information is available at:
http://www.dcra.dc.gov/dcra/cwp/view,A,1343,Q,642631.asp

Wyoming
Act 58 amending the business entity statutes takes effect January 1, 2009 and provides for a penalty for filing false document; an increase in reinstatement fee after administrative dissolution to $250 from $100; revocation of corporation if corporation fails to respond to valid and enforceable subpoena; and forfeiture of LLC if (i) a member signed a document he knew was false in any material respect with intent to deliver document for filing, (ii) LLC failed to respond to valid and enforceable subpoena, or (iii) it is in the public interest and LLC or members failed to provide records to registered agent, provided fraudulent information or to correct false information upon request of secretary of state on any filing, or cannot be served by registered agent or by mail by secretary of state acting as agent for process. To read the act, go to http://soswy.state.wy.us/Business/Business.aspx scroll down to New Legislation Effective 1/1/2009 and click on Business Entities – Revisions to open pdf.

Motor Vehicle Updates

Arizona

VIN Inspectors are now completing the the inspection form on-line and they are being printed with electronic signatures. As of now, the DMV does not have a website where external users can view and print the incpsections.

Maine

Title fees have been raised to $33.00.

Wisconsin

Emission inspections are now required in the following counties for cars and trucks with a manufacturer's gross vehicle weight rating under 8,501 pounds:

Kenosha
Milwaukee
Ozaukee
Racine
Sheboygan
Washington
Waukesha