CHAPTER 8
(SB 129)
Secretary of State,
fees charged by the office for various services increased.
ENTITLED, An Act to
increase certain fees charged by the Office of the Secretary of State.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
1-8-10
be amended to read as follows:
1-8-10.
The secretary of state shall charge the following fees for services performed in the
Office of the Secretary of State and shall collect the fees in advance:
(1)
For filing, recording, and safekeeping of any instrument or paper required by law to be
filed and recorded in the office, one dollar per page;
(2)
For making a copy or transcript of any record, instrument, or paper, except campaign
finance reports, on file in the office, one dollar per page;
(3)
For filing and safekeeping of any instrument or paper required by law to be filed only,
one dollar; except the oath of office of members of the Legislature and legislative
officers, employees and governmental officers, employees and agencies, for which there
is no fee;
(4)
For each commission, requisition, passport, or other document, signed by the Governor
and attested by the secretary of state, under the great seal of the state, except
commissions issued for executive appointment and extraditions, and making the proper
record for the same, five dollars;
(5)
For filing application, bond, and issuing commission of notary public,
ten
twenty-five
dollars;
(6)
For official certificate, attestation, and impression of the great seal,
two
five
dollars;
(7)
For filing or recording any other instrument or document, one dollar;
and
(8)
For a certified copy of any document, instrument, or paper on file in the office, one
dollar per page and
five
ten
dollars for the certificate and affixing the seal
;
(9)
For making a copy of any campaign finance report, thirty cents per page for the first ten
pages and ten cents per page for each page thereafter
.
However, there is no fee to any
state
government agency pursuant to
subdivisions (1), (2), and
(9)
subdivision (1) or (2)
.
Section
2.
That
§
1-8-12
be amended to read as follows:
1-8-12.
The secretary of state shall charge a fee of
ten
twenty
dollars for expedited services.
Section
3.
That
§
2-12-3
be amended to read as follows:
2-12-3.
Each lobbyist who registers and is employed pursuant to this chapter shall pay to the
secretary of state an annual registration fee of
twenty-five
thirty-five
dollars for each employer
represented by
him
the lobbyist
. Upon payment,
his
the lobbyist's
name shall be registered by the
secretary of state in the directory provided by
§
2-12-2, and
he
the lobbyist
is entitled to one copy
of the official directory of the current year's legislative session. A fee of ten dollars may be charged
for a weekly copy of an updated directory of lobbyists. All fees collected shall be deposited by the
secretary of state with the state treasurer and credited to the general fund.
Any lobbyist who registers pursuant to this section is exempt from the one dollar filing fee
prescribed in subdivision 1-8-10(3).
Section
4.
That
§
15-7-7
be amended to read as follows:
15-7-7.
Service of process as authorized by
§
15-7-6 shall be made by serving a copy thereof
upon the secretary of state, or by filing
such
the
copy in the office of
said
the
secretary of state,
together with payment of a fee of
two
ten
dollars
, and such
. The
service shall be sufficient service
upon the absent resident or the nonresident or
his
the resident's or nonresident's
personal
representative
; provided that
if the
notice of
such
the
service and a copy of the process are within
ten days thereafter sent by mail by the plaintiff to the defendant at
his
the defendant's
last-known
address and that the plaintiff's affidavit of compliance with the provisions of this section is attached
to the summons. The secretary of state shall keep a record of
all such
any
process so served
which
.
The record
shall show the day and hour of such service. The fee of
two
ten
dollars paid by the
plaintiff to the secretary of state at the time of service of
such
the
process shall be
taxed in his cost
recovered as taxable costs
if
he
the plaintiff
prevails in the suit.
Section
5.
That
§
15-7-14
be amended to read as follows:
15-7-14.
Such
The
service of process as authorized by
§
15-7-13 shall be made by filing in the
Office of the Secretary of State a copy of
such
the
process and payment to
such
the
secretary of
state a fee of
two
ten
dollars and shall be completed by the plaintiff,
his
or the plaintiff's
agent or
attorney within ten days after
such
the
filing, forwarding to the defendant, or
his
the defendant's
personal representative, by registered or certified mail at the defendant's last known post office
address, or the last known post office address of defendant's personal representative, notice of such
service and a copy of the process. In lieu of such mailing
such
the
process may be served upon the
defendant or
his
the defendant's
personal representative personally without the state at any time
within thirty days after
such
the
filing of
such
the
process. The time within which the defendant or
his
the defendant's
personal representative may appear
shall
does
not commence to run until
such
the
mailing or
such
the
personal service without the state. The secretary of state shall keep a record
of
all such
any
process so served,
such
the
record to show the day and hour of
such
the
service. The
fee of
two
ten
dollars paid by the plaintiff to
such
the
secretary
of state
shall be
taxed in his costs
recovered as taxable costs
if
he
the plaintiff
prevails.
Section
6.
That
§
18-1-1
be amended to read as follows:
18-1-1.
The secretary of state shall appoint
one or more
notaries public, who shall hold office
for six years unless sooner removed by the secretary of state. An applicant to become a notary
public shall complete an application form as prescribed by the secretary of state pursuant to chapter
1-26. The applicant shall submit a fee of
ten
twenty-five
dollars. The application shall include the
applicant's name, street, city, state, zip code, county, and date of birth. The applicant shall apply
in the same name as that which will appear as the seal imprint. Each notary may, anywhere in this
state, administer oaths and perform all other duties required by law. The secretary of state may not
appoint as a notary public any person who has been convicted of a felony.
Section
7.
That
§
37-6-5
be amended to read as follows:
37-6-5.
Subject to the limitations set forth in
§
§
37-6-6 to 37-6-11, inclusive, any person who
adopts and uses a mark in this state may file in the Office of the Secretary of State, on a form to be
furnished by the secretary of state, an application for registration of that mark setting forth the
following information:
(1)
The name and business address of the person applying for the registration; and, if a
corporation, the state of incorporation;
(2)
The goods or services in connection with which the mark is used and the mode or
manner in which the mark is used in connection with the goods or services and the class
in which the goods fall;
(3)
The date when the mark was first used anywhere and the date when it was first used in
this state by the applicant or the applicant's predecessor in business; and
(4)
A statement that the applicant is the owner of the mark and that no other person has the
right to use the mark in this state either in the identical form thereof or in such near
resemblance thereto as might be calculated to deceive or to be mistaken therefor.
The application shall be signed under oath by the applicant or by a member of the firm or an
officer of the corporation or association applying. The application shall be accompanied by a
specimen or facsimile of the mark in triplicate. The application for registration shall be accompanied
by a filing fee of
fifty
one hundred
dollars, payable to the secretary of state.
Section
8.
That
§
37-6-14
be amended to read as follows:
37-6-14.
Registration of a mark under
§
37-6-13 is effective for a term of four years from the
date of registration. Upon application filed within six months prior to the expiration of the term,
on a form to be furnished by the secretary of state, the registration may be renewed for a like term.
A renewal fee of
fifty
one hundred
dollars, payable to the secretary of state, shall accompany the
application for renewal of the registration. A mark registration may be renewed for successive
periods of four years in like manner.
Section
9.
That
§
37-6-17
be amended to read as follows:
37-6-17.
A mark and its registration under
§
37-6-13 is assignable with the good will of the
business in which the mark is used, or with that part of the good will of the business connected with
the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed
and may be recorded with the secretary of state upon the payment of a fee of
fifty
one hundred
dollars payable to the secretary of state
who, upon
. Upon
recording of the assignment,
the secretary
of state
shall issue in the name of the assignee a new certificate for the remainder of the term of the
registration or of the last renewal thereof. An assignment of any registration under
§
37-6-13 is void
as against any subsequent purchaser for valuable consideration without notice unless it is recorded
with the secretary of state within three months after the date thereof or prior to
such
the
subsequent
purchase.
Section
10.
That
§
43-27-1
be amended to read as follows:
43-27-1.
The owner of any farm, ranch, or home in this state may, upon the payment of
one
dollar
ten dollars
to the secretary of state, have the name of
such
the
farm, ranch, or home entered
and recorded in a register
, which the
. The
secretary of state shall keep
for such purpose, and
thereupon such owner shall be by such officer furnished
the register and furnish the owner
a
certificate setting forth the name and location of the farm, ranch, or home and the name of
such
the
owner.
Section
11.
That
§
43-44-6
be amended to read as follows:
43-44-6.
The fee of the secretary of state for filing the application and issuing certificate of
registration, alteration, or cancellation shall be
five
fifty
dollars.
The fee for filing any assignment or other transfer of registration shall be
one dollar
ten dollars
.
The fee for searches, certified copies, and other official acts of the secretary of state, required
under the provisions of this chapter, shall be the same as provided by law for similar services except
as otherwise specifically provided in this chapter.
Section
12.
That
§
47-9-7
be amended to read as follows:
47-9-7.
The secretary of state shall charge and collect for:
(1)
Filing articles of incorporation and issuing a certificate of incorporation or filing an
application of a foreign corporation for a certificate of authority to transact business in
this state and issuing the certificate:
|
Authorized capital stock of $25,000 or less
|
$
90
100
|
|
Over $25,000 and not exceeding 100,000
|
110
125
|
|
Over $100,000 and not exceeding 500,000
|
130
200
|
|
Over $500,000 and not exceeding 1,000,000
|
150
300
|
|
Over $1,000,000 and not exceeding 1,500,000
|
200
400
|
|
Over $1,500,000 and not exceeding 2,000,000
|
250
500
|
|
Over $2,000,000 and not exceeding 2,500,000
|
300
600
|
|
Over $2,500,000 and not exceeding 3,000,000
|
350
700
|
|
Over $3,000,000 and not exceeding 3,500,000
|
400
800
|
|
Over $3,500,000 and not exceeding 4,000,000
|
450
900
|
|
Over $4,000,000 and not exceeding 4,500,000
|
500
1,000
|
|
Over $4,500,000 and not exceeding 5,000,000
|
550
1,100
|
For each additional $500,000,
$40
$250
in addition to
$550
$1,100
.
|
For purposes only of computing fees under this section, the dollar value of each
authorized share having a par value shall be equal to par value and the value of each
authorized share having no par value shall be equal to one hundred dollars per share. The
maximum amount charged under this subdivision may not exceed sixteen thousand
dollars;
(2)
Filing articles of amendment and issuing a certificate of amendment,
twenty
fifty
dollars;
(3)
Filing restated articles of incorporation,
twenty
fifty
dollars;
(4)
Filing articles of merger or consolidation and issuing a certificate of merger or
consolidation,
twenty
fifty
dollars;
(5)
Filing an application to reserve a corporate name,
fifteen
twenty
dollars;
(6)
Filing a notice of transfer of a reserved corporate name, ten dollars.
(7)
Filing a statement of change of address of registered office or change of registered agent,
or both, ten dollars;
(8)
Filing a statement of the establishment of a series of shares,
twenty
fifty
dollars;
(9)
Filing a statement of cancellation of shares,
twenty
fifty
dollars;
(10)
Filing a statement of reduction of stated capital,
twenty
fifty
dollars;
(11)
Filing a statement of revocation of voluntary dissolution proceedings, ten dollars;
(12)
Filing articles of dissolution, ten dollars;
(13)
Filing an application of a foreign corporation for an amended certificate of authority to
transact business in this state and issuing an amended certificate of authority,
twenty
fifty
dollars;
(14)
Filing a copy of an amendment to the articles of incorporation of a foreign corporation
holding a certificate of authority to transact business in this state,
twenty
fifty
dollars;
(15)
Filing a copy of articles of merger of a foreign corporation holding a certificate of
authority to transact business in this state,
twenty
fifty
dollars;
(16)
Filing an application for withdrawal of a foreign corporation and issuing a certificate of
withdrawal, ten dollars;
(17)
Filing any other statement or report except an annual report, of a domestic or foreign
corporation, ten dollars;
(18)
Filing by a domestic corporation of articles of amendment, restated articles of
incorporation, or articles of merger or consolidation in which the surviving corporation
is a domestic corporation, which provides authority to increase the number of authorized
shares of such corporation, in addition to the other fees imposed by this section, an
additional fee shall be charged as shall make, together with the fee paid at the time of the
incorporation, a total sum equal to the fee which would be required under this section
in case the corporation had been incorporated for such total increased capitalization;
(19)
Filing by a foreign corporation of articles of amendment or articles of merger when the
surviving or new corporation is a foreign corporation, which articles provide authority
to increase the number of authorized shares of such foreign corporation, in addition to
the other fees imposed by this section, an additional fee shall be charged as shall make,
together with the
sum that would have been
fee
paid at the time of authorization based
on the fee schedule in subdivision (1) of this section, a total sum equal to the fee which
would be required under this section in the case the corporation had been authorized for
such total increased capitalization;
(20)
All articles of amendment or articles of merger if the surviving or new corporation is a
foreign corporation shall be filed with the secretary of state within thirty days after they
have been filed with the secretary of state or other proper officer of the state wherein the
corporation is organized. In case of failure to so file within the time specified in this
subdivision, the corporation shall pay to the secretary of state on the filing of such
articles of amendment or articles of merger a penalty of twenty-five dollars;
(21)
Filing an annual report of a domestic or foreign corporation,
twenty-five
thirty
dollars;
(22)
Each corporation, domestic or foreign, that fails or refuses to file its annual report for
any year within the time prescribed by this chapter is subject to a penalty of fifty dollars
to be assessed by the secretary of state;
(23)
Issuing a certificate of existence,
ten
fifteen
dollars;
(24)
Filing articles of correction, twenty dollars.
Section
13.
That
§
47-9-8
be amended to read as follows:
47-9-8.
The secretary of state shall charge and collect for furnishing a certified copy of any
document, instrument, or paper relating to a corporation, one dollar per page and
five
ten
dollars
for the certificate and affixing the seal thereto.
Section
14.
That
§
47-9-9
be amended to read as follows:
47-9-9.
The secretary of state shall charge and collect, at the time of any service of process on
him
the secretary of state
as resident agent of a corporation,
five
twenty-five
dollars, which amount
may be recovered as taxable costs by the party to the suit or action causing
such
the
service to be
made if
such
the
party prevails in the suit or action.
Section
15.
That
§
47-20-7
be amended to read as follows:
47-20-7.
The annual report required by
§
47-20-5 shall be delivered to the secretary of state
before the first day of the second month following the anniversary month of the corporation, of
each year following incorporation. A fee of
five
thirty
dollars shall be paid to the secretary of state
for filing the report. If the report does not conform to requirements, it shall be returned to the
cooperative for necessary corrections. The penalties for failure to file
such
the
report do not apply
if it is corrected and returned within thirty days after receipt thereof.
Section
16.
That
§
47-24-8
be repealed.
Section
17.
Section 16 of this Act is effective December 31, 2003. Section 18 of this Act is
effective January 1, 2004.
Section
18.
That
§
47-24-9
be amended to read as follows:
47-24-9.
After the annual report required to be filed on or before July 1, 1981, the reporting
requirements of
§
§
47-24-6 to 47-24-8, inclusive, require filing of reports only once every three
years as outlined in
§
47-24-7.
The reporting requirements of
§
§
47-24-6 and 47-24-7 require filing
of reports annually.
Section
19.
That
§
47-28-6
be amended to read as follows:
47-28-6.
The secretary of state shall charge and collect for:
(1)
Filing articles of incorporation and issuing a certificate of incorporation,
twenty
twenty-
five
dollars
.
;
(2)
Filing articles of amendment and issuing a certificate of amendment, ten dollars
.
;
(3)
Filing articles of merger or consolidation and issuing a certificate of merger or
consolidation, ten dollars
.
;
(4)
Filing a statement of change of address of registered office or change of registered agent,
or both, five dollars
.
;
(5)
Filing articles of dissolution, five dollars
.
;
(6)
Filing an application of a foreign corporation for a certificate of authority to conduct
affairs in this state and issuing a certificate of authority,
fifty
one hundred
dollars
.
;
(7)
Filing an application of a foreign corporation for an amended certificate of authority to
conduct affairs in this state and issuing an amended certificate of authority, twenty
dollars
.
;
(8)
Filing an application for withdrawal of a foreign corporation and issuing a certificate of
withdrawal, five dollars
.
;
(9)
Filing any other statement or report, including an annual report, of a foreign corporation,
ten dollars
.
;
(10)
Filing an annual report of a domestic nonprofit corporation under chapter 47-24, ten
dollars
.
; and
(11)
Filing a petition for reinstatement and issuing a certificate of reinstatement,
twenty
twenty-five
dollars.
Section
20.
That
§
47-28-7
be amended to read as follows:
47-28-7.
The secretary of state shall charge and collect, at the time of any service of process
on
him
the secretary of state
as resident agent of a corporation,
five
twenty-five
dollars, which
amount may be recovered as taxable costs by the party to the suit or action causing
such
the
service
to be made if
such
the
party prevails in the suit or action.
Section
21.
That
§
47-28-8
be amended to read as follows:
47-28-8.
The secretary of state shall charge and collect for furnishing a certified copy of any
document, instrument, or paper relating to a corporation, one dollar per page, and
five
ten
dollars
for the certificate and affixing the seal thereto.
Section
22.
That
§
47-34-54
be amended to read as follows:
47-34-54.
The secretary of state shall charge and collect for:
(1)
Filing the original articles of organization and issuing certificates of organization, in the
case of a domestic limited liability company or filing, registering and issuing a certificate
of authority in the case of a foreign liability company; if the total agreed contributions
of the limited liability company are:
|
Not in excess of $50,000
|
$ 90
|
|
$50,001 to $100,000
|
$150
|
|
In excess of $100,000
|
$150 for first $100,000, plus $.50 for each
additional $1,000
|
|
$25,000 or less
|
$ 100
|
|
Over $25,000 and not exceeding 100,000
|
125
|
|
Over $100,000 and not exceeding 500,000
|
200
|
|
Over $500,000 and not exceeding 1,000,000
|
300
|
|
Over $1,000,000 and not exceeding 1,500,000
|
400
|
|
Over $1,500,000 and not exceeding 2,000,000
|
500
|
|
Over $2,000,000 and not exceeding 2,500,000
|
600
|
|
Over $2,500,000 and not exceeding 3,000,000
|
700
|
|
Over $3,000,000 and not exceeding 3,500,000
|
800
|
|
Over $3,500,000 and not exceeding 4,000,000
|
900
|
|
Over $4,000,000 and not exceeding 4,500,000
|
1,000
|
|
Over $4,500,000 and not exceeding 5,000,000
|
1,100
|
|
For each additional $500,000, $250 in addition to $1,100.
|
(2)
For amending the articles of organization in the case of a domestic limited liability
company or amending the registration in the case of a foreign limited liability company,
a filing fee of
ten
fifty
dollars; together with the appropriate fee set out in subdivision (1)
of this section if the amendment is to increase the amount of capital;
(3)
For filing articles of dissolution, issuing a certificate of dissolution and canceling the
certificate of organization, ten dollars;
(4)
For filing a statement of change of address of registered office or change of registered
agent, or both, ten dollars;
(5)
For filing articles of merger or consolidation,
ten
fifty
dollars;
(6)
An annual tax of fifty dollars, due and payable January second of each year. This tax is
delinquent if not paid by February first and a penalty of fifty dollars shall also be
assessed.
Section
23.
That
§
47-34A-212
be amended to read as follows:
47-34A-212.
The secretary of state shall charge and collect for:
(a)
Filing the first annual report if the total agreed contribution of the limited liability
company are:
|
Agreed Contribution
|
Fee
|
|
Not in excess of $50,000
|
$ 90
|
|
$50,001, to $100,000
|
$150
|
|
In excess of $100,000
|
$150 for first $100,000, plus $.50 for each
additional $1,000
|
|
$25,000 or less
|
$ 100
|
|
Over $25,000 and not exceeding 100,000
|
125
|
|
Over $100,000 and not exceeding 500,000
|
200
|
|
Over $500,000 and not exceeding 1,000,000
|
300
|
|
Over $1,000,000 and not exceeding 1,500,000
|
400
|
|
Over $1,500,000 and not exceeding 2,000,000
|
500
|
|
Over $2,000,000 and not exceeding 2,500,000
|
600
|
|
Over $2,500,000 and not exceeding 3,000,000
|
700
|
|
Over $3,000,000 and not exceeding 3,500,000
|
800
|
|
Over $3,500,000 and not exceeding 4,000,000
|
900
|
|
Over $4,000,000 and not exceeding 4,500,000
|
1,000
|
|
Over $4,500,000 and not exceeding 5,000,000
|
1,100
|
|
For each additional $500,000, $250 in addition to $1,100.
|
The maximum amount charged under this subsection together with any subsequent
payments under subsection (b) may not exceed sixteen thousand dollars. The filing fee
required pursuant to this subsection is not applicable if the limited liability company has
previously paid the fee required pursuant to subdivision 47-34-54(1).
(b)
Filing any subsequent annual report that reflects additional contribution in excess of
those stated in the last prior report, any additional fee necessary to make the cumulative
fee match the cumulative agreed contributions as provided in subsection (a); above the
agreed contributions as set forth in the last previous annual report consistent with
subsection (a).
(c)
A reporting fee of fifty dollars, due and payable with the filing of all annual report, after
the first annual report required in
§
47-34A-211(c).
Section
24.
That
§
47-34A-811
be amended to read as follows:
47-34A-811.
(a) A limited liability company administratively dissolved may apply to the
secretary of state for reinstatement after the effective date of dissolution.
The applicant shall submit
with the application the appropriate filing fee. The secretary of state shall base filing fees on the
total agreed contribution of the limited liability company as provided in
§
47-34A-212, plus any
delinquent annual reports and fees for the period prior to the reinstatement application.
The
application must
:
(1)
Recite the name of the company and the effective date of its administrative dissolution;
(2)
State that the ground for dissolution either did not exist or have been eliminated;
(3)
State that the company's name satisfies the requirements of
§
47-34A-105; and
(4)
Contain a certificate from the appropriate state authority reciting that all taxes owed by
the company have been paid.
(b) If the secretary of state determines that the application contains the information required by
subsection (a) and that the information is correct, the secretary of state shall cancel the certificate
of dissolution and prepare a certificate of reinstatement that recites this determination and the
effective date of reinstatement, file the original of the certificate, and serve the company with a copy
of the certificate.
(c) When reinstatement is effective, it relates back to and takes effect as of the effective date
of the administrative dissolution and the company may resume its business as if the administrative
dissolution had never occurred.
Section
25.
That
§
47-34A-1206
be amended to read as follows:
47-34A-1206.
The secretary of state may charge the following fees:
(a)
For amending or restating the articles of organization in the case of a domestic limited
liability company or amending the registration in the case of a foreign limited liability
company, a filing fee of
ten
fifty
dollars;
(b)
For filing articles of termination, ten dollars;
(c)
For filing articles of merger,
ten
fifty
dollars;
(d)
For filing a statement of dissociation, ten dollars;
(e)
For filing an application to reserve a name,
fifteen
twenty
dollars;
(f)
For issuing a certificate of existence,
ten
fifteen
dollars;
(g)
For filing an application for registration of name, one dollar for each month, or fraction
thereof, between the date of filing such application and December thirty-first of the
calendar year in which such application is filed;
(h)
For filing an annual renewal of registration, a limited liability company which has in
effect a registration of its name, may renew such registration from year to year by
annually filing an application for renewal setting forth the facts required to be set forth
in an original application for registration and a certificate of good standing as required
for the original registration and by paying a fee of ten dollars. A renewal application may
be filed between the first day of October and the thirty-first day of December in each
year, and shall extend the registration for the following year;
(i)
For acting as agent for service of process the secretary of state shall charge and collect
at the time of such service
five
twenty-five
dollars which may be recoverable as taxable
costs by the party to the suit or action causing the service to be made if the party prevails
in the suit or action.
Each limited liability company, domestic or foreign, that fails or refused to file its annual report
for any year within the time prescribed is subject to a penalty of fifty dollars to be assessed by the
secretary of state.
Section
26.
That
§
48-7-206.1
be amended to read as follows:
48-7-206.1.
The provisions of
§
1-8-10 notwithstanding, the fee for filing any document
required under this chapter with the secretary of state is
ninety
one hundred
dollars.
Section
27.
That
§
48-7A-1003
be amended to read as follows:
48-7A-1003.
(a) A limited liability partnership, and a foreign limited liability partnership
authorized to transact business in this state, shall file an annual report in the Office of the Secretary
of State which contains:
(1)
The name of the limited liability partnership and the state or other jurisdiction under
whose laws the foreign limited liability partnership is formed;
(2)
The street address of the partnership's chief executive office and, if different, the street
address of an office of the partnership in this state, if any; and
(3)
If the partnership does not have an office in this state, the name and street address of the
partnership's current agent for service of process.
(b) An annual report must be filed with the secretary of state by the date specified by the
secretary of state in each year following the calendar year in which a partnership files a statement
of qualification or a foreign partnership becomes authorized to transact business in this state.
(c) The secretary of state may revoke the statement of qualification of a partnership that fails
to file an annual report when due or pay the required filing fee. To do so, the secretary of state shall
provide the partnership at least sixty days' written notice of intent to revoke the statement. The
notice must be mailed to the partnership at its chief executive office set forth in the last filed
statement of qualification or annual report. The notice must specify the annual report that has not
been filed, the fee that has not been paid, and the effective date of the revocation. The revocation
is not effective if the annual report is filed and the fee is paid before the effective date of the
revocation.
(d) A revocation under subsection (c) only affects a partnership's status as a limited liability
partnership and is not an event of dissolution of the partnership.
(e) A partnership whose statement of qualification has been revoked may apply to the secretary
of state for reinstatement within two years after the effective date of the revocation.
The applicant
shall submit with the application the filing fee of one hundred dollars, plus any delinquent annual
reports and fees for the period prior to the reinstatement application.
The application must state:
(1)
The name of the partnership and the effective date of the revocation; and
(2)
That the ground for revocation either did not exist or has been corrected.
(f) A reinstatement under subsection (e) relates back to and takes effect as of the effective date
of the revocation, and the partnership's status as a limited liability partnership continues as if the
revocation had never occurred.
Section
28.
That
§
48-7A-1208
be amended to read as follows:
48-7A-1208.
The provisions of
§
1-8-10 notwithstanding, the fee for filing the statements and
reports provided for in the following sections with the secretary of state is as follows:
(1)
Section 48-7A-303, Statement of Authority,
ninety
one hundred
dollars;
(2)
Section 48-7A-304, Statement of Denial, ten dollars;
(3)
Section 48-7A-704, Statement of Dissociation, ten dollars;
(4)
Section 48-7A-805, Statement of Dissolution, ten dollars;
(5)
Section 48-7A-907, Statement of Merger,
ten
fifty
dollars;
(6)
Section 48-7A-1001, Statement of Qualification,
ninety
one hundred
dollars;
(7)
Section 48-7A-1003, Annual Report,
twenty-five
thirty
dollars;
and
(8)
Section 48-7A-1102, Statement of Foreign Qualification,
ninety
one hundred
dollars
; and
(9) Filing any other statement, ten dollars.
Each limited liability partnership, domestic or foreign, that fails or refused to file its annual
report for any year within the time prescribed is subject to a penalty of fifty dollars to be assessed
by the secretary of state
.
Section
29.
That
§
57A-9-525
be amended to read as follows:
57A-9-525.
(a) Except as otherwise provided in subsection (e), the fee for filing and indexing
a record under this part, other than an initial financing statement of the kind described in subsection
(b), is the amount specified in subsection (c), if applicable, plus:
(1)
Thirteen
Twenty
dollars if the record is communicated in writing and consists of one page,
and four dollars for
each
additional
page
pages
. One dollar of this fee shall be deposited into the
financing statement filing fee fund;
(2)
Eleven
Fifteen
dollars if the record is communicated by internet. One dollar of this fee shall
be deposited into the financing statement filing fee fund; and
(3) Twenty dollars if the record is communicated by another medium authorized by filing-office
rule.
(b) Except as otherwise provided in subsection (e), the fee for filing and indexing an initial
financing statement of the following kind is the amount specified in subsection (c), if applicable,
plus:
(1) Thirty dollars if the financing statement indicates that it is filed in connection with a
public-finance transaction;
(2) Thirty dollars if the financing statement indicates that it is filed in connection with a
manufactured-home transaction.
(c) Except as otherwise provided in subsection (e), if a record is communicated in writing or
electronically, the fee for each name more than one required to be indexed is two dollars.
(d) The fee for responding to a request for information from the filing office, including for
issuing a certificate showing whether there is on file any financing statement naming a particular
debtor, is:
(1)
Twelve
Twenty
dollars if the request is communicated in writing; and
(2) Ten dollars if the request is communicated by
another medium
internet
authorized by
filing-office rule.
Upon request the filing officer shall furnish a copy of any filed financing statement or statement
of assignment for a uniform fee of one dollar per page.
(e) This section does not require a fee with respect to a record of a mortgage which is effective
as a financing statement filed as a fixture filing or as a financing statement covering as-extracted
collateral or timber to be cut under
§
57A-9-502(c). However, the recording and satisfaction fees
that otherwise would be applicable to the record of the mortgage apply.
Section
30.
That chapter
57A-9
be amended by adding thereto a NEW SECTION to read as
follows:
The annual registration fee for the crop or livestock effective finance statement microfiche
master list is one hundred twenty dollars.
Signed March 19, 2003.