June 29, 2005, Introduced by Senators SANBORN, CROPSEY, VAN WOERKOM, BISHOP, GILBERT, TOY, ALLEN, HARDIMAN, JELINEK, STAMAS, KUIPERS, SIKKEMA, HAMMERSTROM, McMANUS, GARCIA, GEORGE, CASSIS, BIRKHOLZ and GOSCHKA and referred to the Committee on Commerce and Labor.
A bill to amend 1982 PA 162, entitled
"Nonprofit corporation act,"
by amending section 131 (MCL 450.2131), as amended by 1992 PA 198.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 131. (1) A document that a person is required or
permitted
to be filed file under this act shall
be filed by
delivering the document to the administrator together with the fees
and accompanying documents required by law. The administrator may
establish a procedure for accepting delivery of a document filed
under this subsection by facsimile. By February 1, 2006, the
administrator shall establish a procedure for accepting delivery of
a document filed under this subsection by electronic transmission.
Beginning February 1, 2006, a person may file a document under this
subsection by electronic transmission.
(2) If the a
document filed under subsection (1)
substantially conforms to the requirements of this act, the
administrator shall endorse upon it the word "filed" with the
administrator's official title and the dates of receipt and of
filing, and shall file and index the document or a reproduction of
the document pursuant to the records media act in the
administrator's
office. If so requested at the time of the
delivery of the document to the administrator's office, the
administrator shall include the hour of filing in the endorsement
on
the document. The
(3) At his or her discretion, the administrator shall prepare
and
return either a true copy
or, at the administrator's
discretion,
of a document filed under
subsection (1) or the
original
of a the
document, other than an annual
report, to the
person who submitted the document for filing. The administrator
shall mark the filing date on the true copy or original.
(4) The records and files of the administrator relating to
corporations shall be open to reasonable inspection by the public.
The
administrator may maintain the records or files may, at the
discretion
of the administrator, be maintained either in their
original form or in the form of reproductions pursuant to the
records media
reproduction act,
1992 PA 116, MCL 24.401 to
24.406.
(5) The administrator may make reproductions of any documents
filed under this act, or any predecessor act, pursuant to the
records media
reproduction act,
1992 PA 116, MCL 24.401 to
24.406, and may destroy the originals of the reproduced documents.
reproduced.
(6) (2)
The A document
filed under subsection (1) is
effective at the time it is endorsed unless a subsequent effective
time, not later than 90 days after the date of delivery, is set
forth in the document.