Statutory Updates and Filing Office News
Idaho
Senate Bill 1262 (Session Law Chapter 36) signed by governor February 26 and effective July 1, 2008 amended the Idaho Entity Transaction Act. http://www3.state.id.us/oasis/S1262.html
Senate Bill 1350 signed by governor March 18 and effective July 1, 2008 enacted the Uniform LLC Act and repealed the existing LLC act effective July 1, 2010.
http://www3.state.id.us/oasis/S1350.html
Maine
LD 1940 signed by governor and effective March 14 provides relief to distressed Maine domestic LLCs. Upon application by LLC and satisfactory proof that the LLC has ceased to transact business and is not indebted for failure to file an annual report and to pay fees or penalties, the Secretary of State will file a certificate of the fact after which the LLC is excused from filing annual reports, as long as the LLC in fact transacts no business. The name of a LLC remains in the Secretary of State's records of entity names and is protected for a period of 5 years following excuse.
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280027404&LD=1940&Type=1&SessionID=7
South Dakota
House Bill 1139 signed by governor March 17 revises the Business Corporations Act regarding issuance of shares and cumulative voting. http://legis.state.sd.us/sessions/2008/Bills/HB1139ENR.htm
Senate Bill 52 signed by governor March 11 revises existing law regarding franchise disclosure and business opportunities.
http://legis.state.sd.us/sessions/2008/Bills/SB52ENR.htm
Senate Bill 93 signed by governor March 17 revises certain provisions of the Uniform Commercial Code
http://legis.state.sd.us/sessions/2008/Bills/SB93ENR.htm
Senate Bill 124 signed by governor March 17 revised certain provisions of existing law regarding format standards for real estate documents.
http://legis.state.sd.us/sessions/2008/Bills/SB124ENR.htm
Utah
House Bill 99 signed by governor March 18 allowed a certificate of assumed and true name to include optional information about gender and race of the entity’s owner.
http://le.utah.gov/~2008/bills/hbillenr/hb0099.htm
House Bill 486 signed by governor March 17 amended existing law on wrongful liens and judgment liens to include a notice of interest filed after May 5, 2008.
http://le.utah.gov/~2008/bills/hbillenr/hb0486.htm
Senate Bill 69 signed by governor March 18 enacted the Uniform Limited Cooperative Association Act.
http://le.utah.gov/~2008/bills/sbillenr/sb0069.htm
Senate Bill 88 signed by governor March 18 enacted the Model Registered Agent Act.
http://le.utah.gov/~2008/bills/sbillenr/sb0088.htm
Senate Bill 92 signed by governor March 14 amended existing law on recording documents for real property.
http://le.utah.gov/~2008/bills/sbillenr/sb0092.htm
Senate Bill 110 (substitute) signed by governor March 17 permits corporations, nonprofit corporations, limited liability companies, and limited liability partnerships formed under Indian tribal laws to register as a foreign business entity.
http://le.utah.gov/~2008/bills/sbillenr/sb0110.htm
Senate Bill 151 (substitute) signed by governor March 17 amended the Registration and Protection of Service Marks Act
http://le.utah.gov/~2008/bills/sbillenr/sb0151.htm
Virginia
Senate Bill 146 (Chapter 91) approved by governor March 2 and effective April 1, 2009 amends acts relating to stock and nonstock corporations, including authorization to correct State Corporation Commission records to eliminate clerical errors and eliminate filings made by a person without authority of the corporation.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+CHAP0091
Senate Bill 573 (Chapter 108) approved by governor March 4 and effective April 1, 2009 reorganized provisions of LLC Act regarding winding up, cancellation, and reinstatement of LLCs as well as involuntary cancellation of domestic and foreign LLCs.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+CHAP0108
House Bill 780 (Chapter 586) approved by governor March 12 and effective April 1, 2009 amends the Limited Partnership act regarding winding up, cancellation and reinstatement of LPs and authorizes removal of initial registered office from the certificate of LP if a statement of change is on file.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB780ER
Washington
House Bill 2459 (Chapter 57) approved by governor March 18 and effective April 12, 2008 enacts the Uniform Real Property Electronic Recording Act creating uniform standards for official recording and transmission of an electronic document and acceptance of a legally required signature, notarization, verification or acknowledgement when received electronically. This is permissible, not mandatory for county recorders.
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2459&year=2007
House Bill 2499 (Chapter 59) approved by governor March 18 and effective April 12, 2008 harmonizes provisions of the Business Corporation Act with Securities and Exchange Commission (SEC) rules to allow materials accompanying notice to shareholders of publicly traded corporations to be posted on company’s website to avoid sending paper materials to each shareholder.
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2499&year=2007
West Virginia
House Bill 4464 approved by governor March 13 amended and reenacted sections of the corporations, non-profit corporations and LLC statutes listing activities that by themselves do not constitute transacting business which would require entities to obtain a certificate of authority.
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4464%20ENR.htm
Wyoming
Senate Bill 18 (Chapter 91) signed by governor March 12 and effective January 1, 2009
increased the reinstatement fee from $100 to $250 and payment of a sum equal to double delinquent fees and taxes after administrative forfeiture of a LLC or corporation for failure to maintain a registered agent. The bill also provided for administrative forfeiture of a LLC, dissolution of a corporation, and revocation of a foreign corporation for signing document known to be false in any respect, failure to respond to a valid and enforceable subpoena, or it is in the public interest and the entity failed to provide records to the registered agent, has provided fraudulent information or failed to correct false information upon request of Secretary of State, or can not be served by either the registered agent or by mail by the Secretary of State acting as the agent for process.
Senate Bill 26 (Chapter 90) signed by governor March 12 and effective January 1, 2009
requires business entities to designate and maintain a natural person as communications contact and to maintain at the registered office until the first annual report is due for filing the names and addresses of directors, officers, managers, members, partners or persons serving in a similar capacity, and to produce all records for examination by the Secretary of State as deemed necessary or appropriate in investigations.
Bill text can be accessed from link below and scroll down to bill number http://legisweb.state.wy.us/2008/billindex/BillCrossRef.aspx?type=SF

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