SB-0667, As Passed House, November 9, 2005

SUBSTITUTE FOR

SENATE BILL NO. 667

     A bill to amend 1982 PA 213, entitled

"Michigan revised uniform limited partnership act,"

by amending section 206 (MCL 449.1206), as amended by 1992 PA 110.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 206. (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. A person who executes a

certificate as an attorney in fact, agent, or fiduciary  need not

exhibit  is not required to provide evidence of his or her

authority as a prerequisite to filing. 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

filed 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 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  reproduction act, 1992 PA 116,

MCL 24.401 to 24.406, 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  either a

true copy of  the  a document filed under subsection (1), or at

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

the person who submitted  it  the document 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

limited partnerships shall be open to reasonable inspection by the

public. The administrator may maintain 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  copies 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.

so reproduced.  

(6)  (2) 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)  (3) The administrator may  , at his or her discretion,  

require that a person submit a document  required or permitted to

be filed under this act be  described in subsection (1) on a form

prescribed by the administrator.

     (8) 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 limited partnership or a qualified foreign limited

partnership 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 limited partnership or a qualified foreign

limited partnership 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.