Bill Text: MI HB5819 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Businesses; nonprofit corporations; fees for filing certain reports; revise, and waive fees for certain veterans. Amends sec. 1060 of 1982 PA 162 (MCL 450.3060).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-10-17 - Assigned Pa 309'12 With Immediate Effect [HB5819 Detail]

Download: Michigan-2011-HB5819-Chaptered.html

Act No. 309

Public Acts of 2012

Approved by the Governor

September 30, 2012

Filed with the Secretary of State

October 1, 2012

EFFECTIVE DATE: October 1, 2012

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Rep. Pscholka

ENROLLED HOUSE BILL No. 5819

AN ACT to amend 1982 PA 162, entitled “An act to revise, consolidate, and classify the laws relating to the organization and regulation of certain nonprofit corporations; to prescribe their duties, rights, powers, immunities, and liabilities; to provide for the authorization of foreign nonprofit corporations within this state; to impose certain duties on certain state departments; to prescribe fees; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,” by amending section 1060 (MCL 450.3060), as amended by 2007 PA 87.

The People of the State of Michigan enact:

Sec. 1060. (1) The fees a person shall pay to the administrator for the purposes described in this section are as follows:

(a) Examining, filing, and copying of articles of a domestic corporation, $10.00.

(b) Examining and filing articles or certificate of incorporation, and other papers connected with the application of a foreign corporation for admission to conduct affairs in this state, $10.00.

(c) Examining, filing, and copying an amendment to the articles of a domestic corporation, $10.00.

(d) Examining and filing an amendment to the articles of a foreign corporation, $10.00.

(e) Examining, filing, and copying a certificate of merger or consolidation under chapter 7, $50.00.

(f) Examining and filing a certificate of merger or consolidation of a foreign corporation, under section 1021, $10.00.

(g) Examining, filing, and copying a certificate of dissolution, $10.00.

(h) Examining and filing an application for withdrawal and issuance of a certificate of withdrawal of a foreign corporation, $10.00.

(i) Examining, filing, and copying an application for reservation of corporate name, $10.00.

(j) Examining, filing, and copying a certificate of assumed name or certificate of termination of assumed name, $10.00.

(k) Examining, filing, and copying a statement of change of registered office or resident agent, $5.00.

(l) Examining, filing, and copying restated articles of domestic corporation, $10.00.

(m) Examining, filing, and copying a certificate of abandonment, $10.00.

(n) Examining, filing, and copying a certificate of correction, $10.00.

(o) Examining, filing, and copying a certificate of revocation of dissolution proceedings, $10.00.

(p) Examining, filing, and copying a certificate of renewal of corporate existence, $10.00.

(q) Filing and examination of a special report required by law, $2.00.

(r) Examining and filing a certificate of election, $10.00.

(s) Filing a report required under section 911, $10.00 if paid before October 1, 2003 or after September 30, 2015. After September 30, 2003 and before October 1, 2015, the fee is $20.00.

(2) A corporation shall pay the applicable fee described in this section to the administrator at the time of filing or when the service is rendered by the administrator. The fees described in this section are in addition to any franchise fees prescribed in this act.

(3) A person shall pay a minimum charge of $1.00 for each certificate and 50 cents per folio to the administrator for certifying a part of a file or record pertaining to a corporation if a fee for that service is not described 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 the fee established in a schedule of fees adopted by the administrator with the approval of the state administrative board.

(4) 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.

(5) The administrator shall waive any fee otherwise required under this section if a majority of the members or directors of the corporation responsible for paying the fee are, and the corporation provides proof satisfactory to the administrator that a majority of the members or directors are, honorably discharged veterans of the armed forces of the United States.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor