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