HB-5498, As Passed House, June 10, 2014
April 30, 2014, Introduced by Rep. Lori and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1982 PA 162, entitled
"Nonprofit corporation act,"
by amending section 1060 (MCL 450.3060), as amended by 2012 PA 309.
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.of
a membership corporation,
directors of a directorship corporation, or shareholders of a stock
corporation, as applicable, are, or if applicable the initial
members, initial directors, or initial shareholders will be,
individuals who served in the armed forces and were separated from
that service with an honorable character of service or under
honorable conditions (general) character of service.
(6) To request a fee waiver under subsection (5), the person
that is submitting the document for filing shall submit both of the
following to the administrator with the document:
(a) A signed affidavit requesting the fee waiver and
certifying that a majority of the members of the membership
corporation, directors of the directorship corporation, or
shareholders of the stock corporation, as applicable, are, or if
applicable the initial members, initial directors, or initial
shareholders will be, individuals who served in the armed forces
and were separated from that service with an honorable character of
service or under honorable conditions (general) character of
service.
(b) Copies of form DD214 or form DD215, or any other form that
is satisfactory to the department, for each individual described in
subdivision (a) who is or will be a member of the corporation,
director of the corporation, or shareholder of the corporation, as
House Bill No. 5498 as amended June 4, 2014
applicable.
(7) As used in this section, "armed forces" means that term as
defined in section 2 of the veteran right to employment services
act, 1994 PA 39, MCL 35.1092.
[Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]