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