June 29, 2005, Introduced by Senators GEORGE, CASSIS, CROPSEY, ALLEN, BIRKHOLZ and GOSCHKA and referred to the Committee on Commerce and Labor.
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 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. or
other 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 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 endorsement. The administrator shall
prepare and return a true copy of the document 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.
(3) 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 In his or
her
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.
(4) 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.
(5) (3)
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.