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  www.incspot.com     |     Contact Us     |     Archive MAY / JUNE 2007

Statutory Updates

Arizona

Senate Bill 1328, which passed both chambers and was sent to governor May 15, would require recorders to reject nonconsensual liens.
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/1r/bills/sb1328c.htm

Arkansas

House Bill 2459 (Act No. 1411) signed by governor April 5 provides that notice of action to remedy shall be given by publication if an attachment, claim, encumbrance, financing statement, lien, mortgage or security agreement is filed against any real or personal property or any judgment is filed against any person, firm or corporation and does not contain name, address and telephone number of lien holder and person authorized to release lien.
http://www.arkleg.state.ar.us/ftproot/acts/2007/public/act1411.pdf

Colorado

House Bill 1113 (Session Law Chapter No.134) signed by governor April 16 modifies the information submitted for registration of motor vehicles.
http://www.state.co.us/gov_dir/leg_dir/olls/sl2007a/sl_134.pdf

House Bill 1185 (Chapter No. 91) provides for an entity opening an account with a financial institution to submit a certificate of existence and authority.
http://www.state.co.us/gov_dir/leg_dir/olls/sl2007a/sl_91.pdf

Florida

Senate Bill 252/House Bill 151 enrolled May 3 would effective January 1, 2008 require LLC names to be distinguishable on the records of the Division of Corporations except for fictitious name registrations and general partnerships and with consent.
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0252er.html&Directory=session/2007/Senate/bills/billtext/html

Senate Bill 2038/House Bill 747 creating Uniform Real Estate Property Electronic Recording Act was enrolled May 3.
http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&Year=2007&billnum=2038

Georgia

Senate Bill 14, which passed House April 20 and was sent to governor May 3, changes sunset date for real estate or personal property filing fees.
http://www.legis.ga.gov/legis/2007_08/pdf/sb14.pdf

Hawaii

House Bill 1307 clarifying business registration requirements for foreign non-profit corporations and LLCs was sent to governor May 8.
http://www.capitol.hawaii.gov/sessioncurrent/bills/HB1307_HD2_.htm

Indiana

House Bill 1379 signed by governor May 10 amends fee that county recorder can charge a bulk user for bulk form copies.
http://www.in.gov/legislative/bills/2007/HE/HE1379.1.html

Senate Bill 229 (Public Law No. 77) signed by governor April 26 repeals uniform law http://www.capitol.hawaii.gov/sessioncurrent/bills/HB1307_HD2_.htmconcerning documentation and regulation of bulk sales.
http://www.in.gov/legislative/bills/2007/SE/SE0229.1.html

Iowa

House Bill 651 signed by governor May 9 and effective July 1, 2007 amends the business corporation act to permit reference to facts objectively ascertainable outside of a filed document or plan.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=billbook&GA=82&hbill=HF651

Senate File 337 signed by governor April 23 and effective July 1, 2007 relates to information to be filed in the office of the county recorder.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=billbook&GA=82&hbill=SF337

Kansas

House Bill 2283 signed by governor April 16 provides that delivery of surrendered title, application and fee perfects a security interest in a vehicle.
http://www.kslegislature.org/bills/2008/2283.pdf

Maryland

House Bill 1165 (Chapter No. 457) alters requirements for execution of charter documents by business trusts.
http://mlis.state.md.us/2007RS/chapters_noln/Ch_457_hb1165T.pdf

Nebraska

LB 368 which passed the legislature and was sent to the governor May 10 creates the Limited Cooperative Association Act.
http://uniweb.legislature.ne.gov/Apps/BillFinder/finder.php?page=view_doc&DocumentID=389

Nevada

Assembly Bill 5 signed by governor May 8 revises provisions relating to registration of certain motor vehicles.
http://www.leg.state.nv.us/74th/Reports/history.cfm?ID=21

Senate Bill 88 (Chapter 57) approved by governor May 14 and effective October 1, 2007 adopts the Uniform Real Property Electronic Recording Act.
http://www.leg.state.nv.us/74th/Reports/history.cfm?ID=247

Texas

HB752 passed both chambers and was sent to governor May 15 and upon signature would become effective September 1, 2007. The bill prohibits a paper document concerning real or personal property from being recorded or serving as notice unless the document contains original signatures or notary acknowledgment of signatures.
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB732
HB1447 signed by governor May 4 eliminates the requirement for railroad corporations to file articles of incorporation or amendments with the attorney general in addition to the Secretary of State.
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB1447

Federal

U.S. House Bill 2136, introduced May 3, would restrict the use of offshore tax havens and abusive tax shelters to inappropriate avoid federal taxation. Section 203 of the bill would provide for the Secretary of the Treasury to publish regulations requiring persons involved in forming new corporations, limited liability companies, partnerships, trusts or other legal entities to establish anti-money laundering programs.


Motor Vehicle Updates

FLORIDA

If a Lien Holder is being added to a Florida title and the Lien Holder is not registered with the state of Florida, a request must be submitted to the DMV on the Lien Holder's letterhead requesting they be added to the state's Lien Holder list.

KENTUCKY

The fee for obtaining a Duplicate Title has increased to $6.00.

PENNSYLVANIA

When an out-of-state address is requested for a leased vehicle, the Commonwealth of Pennsylvania Department of Transportation must determine who owns the registration plate to determine if Form MV-8 "Self Certification of Residency" is required.

 

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