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Statutory Updates and Filing Office News

Arizona

Customers with Arizona corporations should be aware of a deceptive solicitation captioned “Arizona Corporate Headquarters Annual Minutes Disclosure Statement”. The solicitation instructs the recipient to complete the form and return with fee of $125.00 to order corporate minutes. This solicitation is not sent by the state. A news alert/warning notice can be viewed on the website of the Arizona Corporation Commission.
http://www.azcc.gov/Divisions/Corporations/

Arkansas

Senate Bill 80 (Act 167) signed by governor February 16 amends the Arkansas Nonprofit Corporation Act of 1993 (Code Title 4 Chapter 33) to permit electronic communications including actions by written consent of members in lieu of meeting. To access bill text, click on
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act167.pdf

California
The Secretary of State Business Entities Section at this time will not participate in the governor’s fiscal emergency furlough of state employees on the first and third Fridays of each month. A 15-day public comment period ended February 6 for revised proposed business entity names regulations. The next step in the process is submission to the Office of Administrative Law for comment within 30 business days. The revised regulations can be accessed from
http://www.sos.ca.gov/business/regs-business-entity-names.htm

Georgia
Customers with Georgia corporation should beware a deceptive solicitation captioned “Annual Minutes Requirement Statement Directors and Officers (Business Corporation)”. The mailing instructs recipients to complete the form and return with payment of $125.00 to order annual minutes. The solicitation states “this product has not been approved or endorsed by any government agency and this offer is not being made by an agency of the government”. The link below opens to a notice on the website of the Georgia Secretary of State about a similar solicitation sent in 2008.
http://www.sos.ga.gov/pressrel/20080220.htm

Indiana

The Indiana Secretary of State emailed a notice February 11 advising recipients of a continuing scam regarding preparation of annual minutes and record keeping for an annual fee of $125 or $150. The state advised recipients to ignore the solicitation and said state officials and federal law enforcement are investigating the businesses sending these deceptive solicitations. A scam alert for businesses can be accessed from http://www.in.gov/sos/business/ScamAlert.html

Maine

The Bureau of Corporations, Elections and Commissions within the Maine Department of the Secretary of State Division of Corporations, UCC and Commissions emailed annual report reminders to email addresses associated with business entities from previous online filings. This is the only reminder business entities will receive. Annual reports may be filed using Maine’s online filing system at http://icrs.informe.org/nei-sos-icrs/ICRS. Payment may be made by credit card, electronic check or subscriber account. The annual report fee is $85 for domestic business entities, $150 for foreign business entities and $35 for domestic and foreign nonprofit corporations. A late filing penalty will be assessed on all reports received after June 1, 2009, the legal filing deadline. Business entities that must file a paper annual report may download a preprinted paper form from Maine’s online filing system. CSC customers with questions about Maine annual reports may contact a CSC Customer Service Representative at 877-463-5769.

New Jersey

Assembly Bill 2881 (Chapter 9) signed by governor January 27 and effective immediately authorizes directors’ resignations effective upon a future event (director failing to receive a specified vote for re-election).
http://www.njleg.state.nj.us/2008/Bills/PL09/9_.HTM

Assembly Bill 2883 (Chapter 10) signed by governor January 27 and effective immediately authorizes elimination of plurality voting for directors in formation document or bylaws.
http://www.njleg.state.nj.us/2008/Bills/PL09/10_.HTM

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CSCFlash™ is not intended to provide legal or professional advice. If such advice is required, you should seek the services of an attorney or other professional. CSC cannot guarantee the completeness or accuracy of the information in CSCFlash.