SB-0664, As Passed House, November 9, 2005

SUBSTITUTE FOR

SENATE BILL NO. 664

     A bill to amend 1972 PA 284, entitled

"Business corporation act,"

by amending section 131 (MCL 450.1131), as amended by 2001 PA 57.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 131. (1) A document required or permitted to be filed

under this act shall be  filed  submitted 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

submitted under this subsection by facsimile or other electronic

transmission. However, by December 31, 2006, the administrator

shall establish a procedure for accepting delivery of a document

submitted under this subsection by electronic mail or over the

internet. Beginning January 1, 2007, the administrator shall accept

delivery of documents submitted by electronic mail or over the

internet.

     (2) If  the  a document submitted under subsection (1)

substantially conforms to the requirements of this act, the

administrator shall endorse upon it the word "filed" with his or

her official title and the date of receipt and of filing and shall

file and index the document or a photostatic, micrographic,

photographic, optical disc media, or other reproduced copy in his

or her office. If  so requested at the time of the delivery of the

document to his or her office, the administrator shall include the

hour of filing in  his or her  the endorsement on the document.

     (3) The administrator shall  prepare and return a  true copy

of  the  a document filed under subsection (2), other than an

annual report, or, at his or her discretion, the original, to the

person who submitted it for filing.  showing the filing date. The

administrator shall mark the filing date on the copy or original

before returning it or, if the document was submitted by electronic

mail or over the internet, may provide proof of the filing date to

the person who submitted the document for filing in another manner

determined by the administrator.

     (4) The records and files of the administrator relating to

domestic and foreign corporations shall be open to reasonable

inspection by the public. The  records or files, at the discretion

of the administrator  , may be maintained  may maintain records or

files either in their original form or in photostatic,

micrographic, photographic, optical disc media, or other reproduced

form.

     (5) The administrator may make  reproductions of  copies of

any documents filed under this act  , or any predecessor act  ,

by photostatic, micrographic, photographic, optical disc media, or

other reproduced form and may destroy the originals of the copied

documents.  so reproduced. (2) A photostatic, micrographic,

photographic, optical disc media, or other reproduced copy

certified by the administrator,  which may be  including a copy

sent by facsimile or other electronic transmission,  shall be  is

considered an original for all purposes and is admissible in

evidence in like manner as an original.

(6)  (3) The  A document filed under subsection (2) 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.

     (7) The administrator shall charge 1 of the following

nonrefundable fees if expedited filing of a document by the

administrator is requested and the administrator shall retain the

revenue collected under this subsection and the department shall

use it to carry out its duties required by law:

     (a) For any filing that a person requests the administrator to

complete within 1 hour on the same day as the day of the request,

$1,000.00. The department may establish a deadline by which a

person must submit a request for filing under this subdivision.

     (b) For any filing that a person requests the administrator to

complete within 2 hours on the same day as the day of the request,

$500.00. The department may establish a deadline by which a person

must submit a request for filing under this subdivision.

     (c) Except for a filing request under subdivision (a) or (b),

for the filing of any formation or qualification document that a

person requests the administrator to complete on the same day as

the day of the request, $100.00. The department may establish a

deadline by which a person must submit a request for filing under

this subdivision.

     (d) Except for a filing request under subdivision (a) or (b),

for the filing of any other document concerning an existing

domestic corporation or a qualified foreign corporation that a

person requests the administrator to complete on the same day as

the day of the request, $200.00. The department may establish a

deadline by which a person must submit a request for filing under

this subdivision.

     (e) For the filing of any formation or qualification document

that a person requests the administrator to complete within 24

hours of the time the administrator receives the request, $50.00.

     (f) For the filing of any other document concerning an

existing domestic corporation or a qualified foreign corporation

that a person requests the administrator to complete within 24

hours of the time the administrator receives the request, $100.00.

     Enacting section 1. This amendatory act takes effect January

1, 2006.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 298 of the 93rd Legislature is enacted into

law.