| Statutory Updates & Filing Office News
Alaska
The Alaska Department of Commerce, Community and Economic Development Corporations, Business and Professional Licensing posted on its website “Notice of Your Entity’s Responsibility” detailing requirements to file a Biennial Report and to notify the Corporations filing office of any changes in registered agent information and principal officers, members or partners of the entity.
http://www.commerce.state.ak.us/occ/pub/Entity_Responsibility.pdf
Arizona
Effective October 1, the Arizona Corporation Commission will discontinue mailing annual report reminder notices. Information on the 3 options to file annual reports can be accessed at http://www.azcc.gov/Divisions/Corporations/AnnRpts/ARfilingoptions.asp
LLC name reservations and publication of withdrawals were changed by Arizona legislation effective Wednesday, September 30. LLC name reservations are for 120 days and are no longer renewable. Filing an affidavit of publication is now optional and not mandatory in all cases where publication is required (for example, articles of incorporation, articles of amendment, voluntary dissolution, merger or share exchange). Applications for withdrawal of foreign profit and nonprofit corporations must be published within 60 days after the Corporation Commission approves the filing. The publication requirement for withdrawal of foreign corporations had been repealed in 2008 SB 1410. A summary of the changes effective September 30 can be accessed on the Commission's website at http://www.azcc.gov/Divisions/Corporations/highlights/HB2199.asp
The complete bill text of House Bill 2199 (Chapter 42) signed July 10 by governor can be accessed at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/laws/0042.htm
Delaware
The Department of Revenue announced details of the Voluntary Tax Compliance Initiative, a tax amnesty program effective from September 1 to October 31 authorized by House Bill 268 (Chapter 79) signed by the governor July 1. Corporation franchise taxes and LLC/LP annual taxes payable to the Secretary of State Corporations Division are not covered by this tax amnesty program. Details on the program and the taxes covered can be accessed from http://revenue.delaware.gov/amnesty.shtml
Illinois
The Illinois Secretary of State Department of Business Services announced that a recent Certificate of Good Standing or Existence is the only required supporting document to accompany Form LLC-45.5 Application for Admission to Transact Business under Section 45.5(a)(3) of the IL LLC Act. The state no longer will require certified copies of Articles of Organization from home state or a copy of the LLC’s operating agreement to be submitted with Form LLC 45.5. If Form LLC 45.5(S) for qualification of a series LLC is accompanied by a Certificate of Good Standing or Existence stating the LLC is authorized to establish series, then no additional supporting documents will be required. If the good standing does not reference Series LLC, then a certified copy of Articles of Organization should be submitted to ensure that the LLC is authorized in its home state to establish series.
House Bill 236 (Public Act 654) signed by governor August 25 and effective January 1 amends the Mechanics Lien Act to require 10 days notice by contractor to owner-owned single family residence of recording of lien and extinguishes lien to the extent of damages suffered by owner before notice is given.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-0654&GA=096
HB2335 (Public Act 679) signed by governor and effective August 25 amends the Limited Liability Company Act to require registration of LLCs that provides professional services that requires the individuals engaged in the profession to be licensed by the Department of Financial and Professional Regulation. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-0679&GA=096
Senate Bill 1285 (Public Act 648) signed by governor August 24 and effective October 1 amends the General Not-for-Profit Corporation Act regarding registration of franchise and business opportunities.
http://www.ilga.gov/legislation/publicacts/96/096-0648.htm
SB 1390 (Public Act 649 NPC signed August 24 and effective January 1 amends the General Not-for-Corporation Act regarding electronic communication with members, voting for directors, and other corporate governance requirements. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-0649&GA=096
SB 1975 (Public Act 641) signed and effective August 24 amends the Income Tax Act regarding captive real estate investment trusts. http://www.ilga.gov/legislation/publicacts/96/096-0641.htm
Kentucky
Garnishments served on registered agent for business entities registered in Kentucky are scanned by CSC and delivered by CSC in electronic format and are not processed with an attachment to be forwarded in paper format.
Maryland
Effective October 1, ,when a business entity formed in another state makes an initial filing with State Department of Assessment and Taxation (SDAT) that creates or reactivates an account, the filing must be accompanied by written proof of existence from the home state, generally the equivalent of a Certificate of Status. This change was authorized by Senate Bill 67 (Chapter 355) signed by the governor May 7. http://www.dat.state.md.us/sdatweb/charter.html
Michigan
Senate Bills 411 (Public Act No. 87) and 412 (Public Act No. 88) signed by governor and effective September 10 enact the Uniform Prudent Management of Institutional Funds Act and revise the Nonprofit Corporation Act to reflect UPMIF. The bills can be accessed from the links below
http://www.legislature.mi.gov/documents/2009-2010/billenrolled/Senate/htm/2009-SNB-0411.htm
http://www.legislature.mi.gov/documents/2009-2010/billenrolled/Senate/htm/2009-SNB-0412.htm
There is no statutory requirement for service of garnishments for business entities received by registered agent to be forwarded in paper format, although the statute requires plaintiff’s check to accompany writ of garnishment.
Minnesota
There is no requirement for service of garnishment for business entities received by registered agent to be forwarded in paper format, except for Minnesota Statutes, section 571.76 requiring creditor to pay $15.00 fee to garnishee at the time of service of a garnishment summons. https://www.revisor.leg.state.mn.us/statutes/?id=571.76
New Jersey
Service of garnishment for business entities registered in New Jersey received by CSC as registered agent is scanned and delivered in electronic format without an attachment to be forwarded in paper format.
New York
Assembly Bill 2201 (Chapter 352) signed by governor and effective August 26 amends the economic development law to require assistance with regulatory compliance by establishing regional "one-stop" economic development centers for small businesses to allow proprietors to learn about state programs that may benefit their businesses and also make it easier for them to comply with federal, state and local regulations pertaining to their operations. http://assembly.state.ny.us/leg/?bn=A02201&sh=t
Tennessee
The Department of State Division of Business Services on Monday, September 28, will launch a new software system for business record filings. More information is available on the division’s website at http://state.tn.us/sos/bus_svc/.
There is no statutory requirement for service of garnishments for business entities registered in Tennessee received by registered agent to be forwarded in paper format.
Texas
The Office of the Attorney General brought legal action in Harris County District Court against two individuals doing business as Compliance Services for violation of the Texas Deceptive Trade Practices/Consumer Protection Act by sending Annual Minutes Disclosure Statements to business entities registered in Texas. More information is available from AG’s website http://www.oag.state.tx.us/oagNews/release.php?id=3022

Motor Vehicle Updates
Florida
Effective immediately, a number of driver licensing and motor vehicle service fees will increase – some significantly. A complete list of all fee increases, showing both old and new fees, can be found at http://www.flhsmv.gov/DHSMVfees.htm
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