HB-4701, As Passed Senate, December 11, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4701

 

 

June 6, 2017, Introduced by Reps. Hughes, Marino, Lucido and Farrington and referred to the Committee on Military and Veterans Affairs.

 

     A bill to amend 1993 PA 23, entitled

 

"Michigan limited liability company act,"

 

by amending section 1101 (MCL 450.5101), as amended by 2015 PA 68.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1101. (1) The fees to be paid to the administrator when

 

the documents described in this subsection are delivered to him or

 

her for filing are as follows:

 

     (a) Certificate of correction, $25.00.

 

     (b) Articles of organization, $50.00.

 

     (c) Amendment to the articles of organization, $25.00.

 

     (d) Restated articles of organization, $50.00.

 

     (e) Application for reservation of name, $25.00.

 

     (f) Certificate of assumed name or a certificate of

 

termination of assumed name, $25.00.

 

     (g) Annual statement of resident agent and registered office,


$15.00 if paid after September 30, 2019. Through September 30,

 

2019, the fee is $25.00.

 

     (h) Certificate of restoration of good standing, $50.00.

 

     (i) Notice of resignation of resident agent, or statement of

 

change of registered office or resident agent, $5.00.

 

     (j) Certificate of merger as provided in article 7, $100.00.

 

     (k) Certificate of abandonment, $10.00.

 

     (l) Certificate of conversion, $25.00.

 

     (m) Certificate of dissolution, $10.00.

 

     (n) Application of a foreign limited liability company for a

 

certificate of authority to transact business in this state,

 

$50.00.

 

     (o) Certificate correcting statement contained in an

 

application for a certificate of authority to transact business in

 

this state, $25.00.

 

     (p) Certificate attesting to the occurrence of a merger of a

 

foreign limited liability company, as provided in section 1005,

 

$10.00.

 

     (q) Application for withdrawal and issuance of a certificate

 

of withdrawal of a foreign limited liability company, $10.00.

 

     (2) In addition to a fee required to file a document, the

 

administrator may charge a fee of $50.00 if the document is filed

 

by facsimile or other electronic transmission or the administrator

 

is requested to transmit a document by facsimile or other

 

electronic transmission.

 

     (3) The administrator shall not refund all or any part of a

 

fee described in this section. The administrator shall deposit all


fees received and collected under this section in the state

 

treasury to the credit of the administrator, who may only use the

 

money credited pursuant to legislative appropriation and only in

 

carrying out those duties of the department required by law.

 

     (4) A minimum charge of $1.00 for each certificate and 50

 

cents per folio shall be paid to the administrator for certifying a

 

part of a file or record pertaining to a domestic or foreign

 

limited liability company if a fee is not set forth in subsection

 

(1). The administrator may furnish copies of documents, reports,

 

and papers required or permitted by law to be filed with the

 

administrator, and shall charge for those copies pursuant to a

 

schedule of fees that the administrator shall adopt with the

 

approval of the state administrative board. The administrator shall

 

retain the revenue collected under this subsection and use it to

 

defray the costs of the department's copying and certifying

 

services.

 

     (5) If a domestic or foreign limited liability company pays

 

fees or penalties by check and the check is dishonored, the fee is

 

considered unpaid and the filing of all related documents will be

 

rescinded.

 

     (6) The administrator may accept payment by credit card,

 

instead of cash or check, as payment of a fee under this act. The

 

administrator shall determine which credit cards he or she shall

 

accept for payment of a fee.

 

     (7) The administrator shall waive the fee otherwise required

 

under subsection (1) for filing initial articles of organization if

 

a majority of the initial membership interests in the domestic


limited liability company will be held by veterans.

 

     (8) To request a fee waiver under subsection (7), the person

 

that is submitting the initial articles of organization for filing

 

shall submit both of the following to the administrator with that

 

document:

 

     (a) A signed affidavit requesting the fee waiver and

 

certifying that a majority of the initial membership interests in

 

the domestic limited liability company will be held by veterans.

 

     (b) Copies of form DD214 or form DD215, or any other form that

 

is satisfactory to the department, for each veteran who will be an

 

initial member of the limited liability company.

 

     (9) (7) The administrator shall waive any fee otherwise

 

required under this section if a majority of the membership

 

interests in the domestic or foreign limited liability company

 

responsible for paying the fee are, and the domestic or foreign

 

limited liability company provides proof satisfactory to the

 

administrator that those interests are, held by 1 or more honorably

 

discharged veterans of the armed forces of the United

 

States.veterans. This subsection does not apply to the fee for

 

filing initial articles of organization.

 

     (10) As used in this section, "veteran" means that term as

 

defined in section 1 of 1965 PA 190, MCL 35.61.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.