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Statutory Updates & Filing Office News

Arizona
The Arizona Corporation Committee effective October 1 will no longer mail annual reminder notices. The three options available to file annual reports are (1) file electronically; (2) print and mail annual report; and (3) request an annual report form. More details are available at
http://www.azcc.gov/Divisions/Corporations/AnnRpts/ARfilingoptions.asp

House Bill 2306 (Chapter 137) signed by governor July 13 exempts from business license renewal or reinstatement the requirement to document citizenship or alien status.
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1R/laws/0137.htm

Connecticut
Senate Bill 948 (Public Act No. 09-209) signed by governor July 9 and effective August 1 implements the Secure and Fair Enforcement of Mortgage Licensing Act.
http://www.cga.ct.gov/2009/ACT/PA/2009PA-00209-R00SB-00948-PA.htm

SB 1126 (Public Act No. 09-213) signed by governor July 7 and effective October 1 made technical changes to land record statutes necessary to implement the Uniform Real Property Electronic Recording Act (URPERA).
http://www.cga.ct.gov/2009/ACT/PA/2009PA-00213-R00SB-01126-PA.htm

Delaware
HB 174 signed by governor July 8 authorizes county recorders to implement administrative procedures to redact personally identifying information upon request.
http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+174/$file/legis.html?open

HB 262 (Chapter 75) signed by governor July 1 increases surcharge from $6.00 to $30.00 on documents recorded in county recorder of deeds office.  This does not apply to corporate documents recorded.
 http://legis.delaware.gov/LIS/LIS145.nsf/vwLegislation/HB+262?Opendocument

HB 289 (Chapter 83) signed by governor July 1 increased gross receipts tax rates effective for tax years after December 31, 2009.
http://legis.delaware.gov/LIS/LIS145.nsf/vwLegislation/HB+289?Opendocument

Florida
SB 2226 (Chapter 241) signed by governor June 29 and effective July 1 authorized the Financial Services Commission to adopt rules implementing the Secure and Fair Enforcement of Mortgage Licensing Act.
http://laws.flrules.org/files/Ch_2009-241.pdf

Louisiana
HB 618 (Act No. 476) signed by governor July 9 and effective for tax years after January 1, 2010 repealed the minimum franchise tax and provided for initial tax on new corporations of $10.00.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=668777

HB 720 (Act No. 519) signed by governor July 10 enacts tax amnesty of 50% interest and 100% penalties for two consecutive months in fiscal year 2010 to be determined by the Department of Revenue.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=668802

Missouri
SB 217 signed by governor July 7 and effective August 28 allows shareholders to participate in meetings by remote communications and allows the Secretary of State to administratively dissolve LLCs and LPs if the duration stated in the formation document expires. http://www.senate.mo.gov/09info/pdf-bill/tat/SB217.pdf

SB 224 signed by governor July 9 and effective August 28 permits amended and restated articles of incorporation to omit the incorporator and initial directors.
http://www.senate.mo.gov/09info/pdf-bill/tat/SB224.pdf\

SB 294 signed by governor July 10 and effective August 28 permits corporate names to be reserved for 60-day periods to not exceed 180 days.
http://www.senate.mo.gov/09info/pdf-bill/tat/SB294.pdf

Nevada
SB 55 (Chapter 488) signed by governor June 9 made certain changes to commercial recordings effective July 1 to (i) permit domestication to Nevada of business entities formed in other U.S. states; (ii) permit cancellation of unprocessed filings for a fee of $50.00; and (iii) eliminate practice of mailing blank annual list forms to business entities (the Secretary of State does make electronic notification and delivery of annual lists to commercial registered agents).
http://leg.state.nv.us/75th2009/Bills/SB/SB55_EN.pdf

North Carolina
SB 412 (Session Law 2009-247) signed July 1 and effective January 1, 2010 makes technical changes to the LLC Act.
http://www.ncleg.net/Sessions/2009/Bills/Senate/PDF/S412v4.pdf

New Jersey
Assembly Bill 3821 (Chapter 2009-84) signed by governor July 2 and effective immediately regulates mortgage foreclosure forbearance period and repeals part of mortgage stabilization and relief act to authorize lenders and creditors to exchange information regarding delinquent borrowers.
http://www.njleg.state.nj.us/2008/Bills/AL09/84_.HTM

AB 4105 (Chapter No. 2009-72) signed June 29 extended corporation tax surcharge of 4% for one year.  http://www.njleg.state.nj.us/2008/Bills/AL09/72_.HTM

Rhode Island
SB 461 became effective July 16 without governor’s signature and amends existing mortgage licensing requirements to implement Secure and Fair Enforcement for Mortgage Licensing Act.
http://www.rilin.state.ri.us//BillText09/SenateText09/S0461A.pdf

Texas
HB 10 (Chapter 1104) signed by governor June 16 and effective immediately enacted the Secure and Fair Enforcement of Mortgage Licensing Act. http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB00010F.htm

SB 1442 signed by governor May 20 and effective September 1, 2009 makes technical amendments to Business Organizations Code (BOC) and includes substantive amendments regarding Series LLC and conversion and continuation, and requires all entities to obtain tax clearance from comptroller’s office regarding margins tax compliance before filing termination at Secretary of State.
http://www.legis.state.tx.us/tlodocs/81R/billtext/html/SB01442F.htm

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Motor Vehicle Updates

Due to current budget deficits many states are increasing some or all of their MVS fees. Recent increases that have gone into effect occurred in: CT, IL, MA, NJ, OH, SD, VT. We expect fees to increase in many more states in the next few months.

MVS OFFICE CLOSINGS/REDUCED HOURS:

In order to cut costs many MVS Branch Offices across the United States are closing. Other offices are working 4 day weeks, reduced hours or asking employees to take furlough days. As a result, the time to title and/or register a vehicle has increased significantly. Please check with your CSC Motor Vehicle Team to determine if your local office has been impacted by these changes.

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