April 2, 2003, Introduced by Senator JACOBS and referred to the Committee on Appropriations.
A bill to amend 1993 PA 23, entitled
"Michigan limited liability company act,"
by amending section 1101 (MCL 450.5101), as amended by 2002 PA
686.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1101. (1) The
Subject to subsection (2), the fees to
2 be paid to the administrator when the documents described in this
3 subsection are delivered to him or her for filing are as
4 follows:
5 (a) Certificate of correction, $25.00.
6 (b) Articles of organization, $50.00.
7 (c) Amendment to the articles of organization, $25.00.
8 (d) Restated articles of organization, $50.00.
9 (e) Application for reservation of name, $25.00.
10 (f) Certificate of assumed name or a certificate of
1 termination of assumed name, $25.00.
2 (g) Annual statement of resident agent and registered office,
3 $15.00.
4 (h) Certificate of restoration of good standing, $50.00.
5 (i) Notice of resignation of resident agent, or statement of
6 change of registered office or resident agent, $5.00.
7 (j) Certificate of merger as provided in article 7, $100.00.
8 (k) Certificate of abandonment, $10.00.
9 (l) Certificate of conversion, $25.00.
10 (m) Certificate of dissolution, $10.00.
11 (n) Application of a foreign limited liability company for a
12 certificate of authority to transact business in this state,
13 $50.00.
14 (o) Certificate correcting statement contained in an
15 application for a certificate of authority to transact business
16 in this state, $25.00.
17 (p) Certificate attesting to the occurrence of a merger of a
18 foreign limited liability company, as provided in section 1005,
19 $10.00.
20 (q) Application for withdrawal and issuance of a certificate
21 of withdrawal of a foreign limited liability company, $10.00.
22 (2) The fee amounts set forth in subsection (1) apply through
23 September 30, 2003. Beginning October 1, 2003, the amount of
24 those fees paid to the administrator in any state fiscal year
25 shall be established by a fee schedule contained in an
26 appropriation act for that fiscal year.
27 (3) (2) In
addition to a fee required to file a document,
1 the administrator may charge a fee of $50.00 if the document is
2 filed by facsimile or other electronic transmission or the
3 administrator is requested to transmit a document by facsimile or
4 other electronic transmission.
5 (4) (3)
The fees prescribed in subsections (1) and (2), no
6 part of which shall be
refunded, when collected shall be paid
7 into the treasury of
the state and credited to The
administrator
8 shall not refund all or any part of a fee described in this
9 section. The administrator shall deposit all fees received and
10 collected under this section in the state treasury to the credit
11 of the administrator,
to be used solely by the department who
12 may only use the money credited pursuant to legislative
13 appropriation and only in carrying out those duties of the
14 department required by law.
15 (5) (4) A
minimum charge of $1.00 for each certificate and
16 50 cents per folio shall be paid to the administrator for
17 certifying a part of a file or record pertaining to a domestic or
18 foreign limited liability company if a fee is not set forth in
19 subsection (1) or established pursuant to subsection (2). The
20 administrator may furnish copies of documents, reports, and
21 papers required or permitted by law to be filed with the
22 administrator, and shall charge for those copies pursuant to a
23 schedule of fees that the administrator shall adopt with the
24 approval of the state administrative board. The administrator
25 shall retain the revenue
collected under this subsection to be
26 used by the department
and use it to defray the
costs of its
27 the department's copying and certifying services.
1 (6) (5) If
a domestic or foreign limited liability company
2 pays fees or penalties by check and the check is dishonored, the
3 fee is considered unpaid and the filing of all related documents
4 will be rescinded.
5 (7) (6) The
administrator may accept a payment by credit
6 card, instead of cash or check, as payment of a fee under this
7 act. The administrator
shall determine which credit cards may
8 be accepted he or she shall accept for payment of a fee.