SB-0570, As Passed House, June 25, 2003SB-0570, As Passed Senate, June 18, 2003
SUBSTITUTE FOR
SENATE BILL NO. 570
A bill to amend 1972 PA 284, entitled
"Business corporation act,"
by amending section 1060 (MCL 450.2060), as amended by 2001 PA
57; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1060. (1) The
fees to be paid a person shall pay to
2 the administrator when the documents described in this subsection
3 are delivered to him or her for filing are as follows:
4 (a) Articles of a
domestic corporations corporation,
5 $10.00.
6 (b) Application of a foreign corporation for a certificate of
7 authority to transact business in this state, $10.00.
8 (c) Amendment to the articles of a domestic corporation,
9 $10.00.
10 (d) Amended application for a certificate of authority to
1 transact business in this state, $10.00.
2 (e) Certificate of
merger or share exchange as provided in
3 under chapter 7, $50.00.
4 (f) Certificate attesting to the occurrence of a merger of a
5 foreign corporation as
provided in under section 1021, $10.00.
6 (g) Certificate of dissolution, $10.00.
7 (h) Application for withdrawal and issuance of a certificate
8 of withdrawal of a foreign corporation, $10.00.
9 (i) Application for reservation of corporate name, $10.00.
10 (j) Certificate of assumed name or a certificate of
11 termination of assumed name, $10.00.
12 (k) Statement of change of registered office or resident
13 agent, $5.00.
14 (l) Restated articles of domestic corporations, $10.00.
15 (m) Certificate of abandonment, $10.00.
16 (n) Certificate of correction, $10.00.
17 (o) Certificate of revocation of dissolution proceedings,
18 $10.00.
19 (p) Certificate of renewal of corporate existence, $10.00.
20 (q) For examining a special report required by law, $2.00.
21 (r) Certificate of registration of corporate name of a
22 foreign corporation, $50.00.
23 (s) Certificate of renewal of registration of corporate name
24 of a foreign corporation, $50.00.
25 (t) Certificate of termination of registration of corporate
26 name of a foreign corporation, $10.00.
27 (u) Report required under section 911, $15.00 if paid before
1 October 1, 2003 or after September 30, 2007. After September 30,
2 2003 and before October 1, 2007, the fee is $25.00.
3 (2) The fees prescribed
in subsection (1), no part of which
4 shall be refunded,
shall be described in subsection
(1) are in
5 addition to the any
franchise fees prescribed in this act. ,
6 and shall, when
collected, be paid into the treasury of the state
7 and credited to the
administrator to be used solely by the
8 department in carrying
out those duties required by law. The
9 administrator shall not refund all or any part of a fee described
10 in this section.
11 (3) Except as provided in subsection (9), the administrator
12 shall deposit all fees received and collected under this section
13 in the state treasury to the credit of the administrator, who may
14 only use the money credited pursuant to legislative appropriation
15 and only in carrying out those duties of the department required
16 by law.
17 (4) (3)
Fees paid by or on behalf of The fees described in
18 this section apply to documents filed by a domestic and or
19 foreign regulated
investment companies company as defined in
20 section 1064. are
the same as are charged foreign and domestic
21 corporations for the
purposes specified in this section.
22 (4) The fees
received pursuant to section 915 shall be
23 deposited in the state
treasury to the credit of the
24 administrator to be
used by the department in carrying out those
25 duties required by
law. After the payment of the amounts
26 appropriated by the
legislature for the necessary expenses
27 incurred in the
administration of this act, the money remaining
1 shall be credited to
the general fund of the state.
2 (5) If any money received by the administrator from fees paid
3 under subsection (1)(u) is not appropriated to the department in
4 that fiscal year, the money remaining from those fees shall
5 revert to the general fund of this state.
6 (6) (5) A
minimum charge of $1.00 for each certificate and
7 50 cents per folio shall be paid to the administrator for
8 certifying a part of a file or record pertaining to a corporation
9 for which provision
for payment is not set forth if a
fee for
10 that service is not described in subsection (1). The
11 administrator may furnish copies of documents, reports, and
12 papers required or permitted by law to be filed with the
13 administrator, and shall
charge for those copies pursuant to
14 the fee established in a
schedule of fees which adopted by the
15 administrator shall
adopt with the approval of the state
16 administrative board. The administrator shall retain the revenue
17 collected under this
subsection, to be used by the department
18 and the department shall use it to defray the costs for its
19 copying and certifying services.
20 (7) (6) If
a domestic or foreign corporation pays fees or
21 penalties by check and the check is dishonored, the fee is unpaid
22 and the administrator shall rescind the filing of all related
23 documents. will
be rescinded.
24 (8) (7) The
administrator may accept a credit card , in
25 lieu of cash or check ,
as payment of a fee under this act.
26 The administrator shall
determine which credit cards may be
27 accepted he or she shall accept for payment.
1 (9) (8) The
administrator may charge a nonrefundable fee of
2 up to $50.00 for any document submitted or certificate sent by
3 facsimile or electronic transmission. The administrator shall
4 retain the revenue
collected under this section subsection and
5 to be used by the
department in carrying the
department shall
6 use it to carry out its duties required by law.
7 Enacting section 1. Section 915 of the business corporation
8 act, 1972 PA 284, MCL 450.1915, is repealed.