May 1, 2014, Introduced by Senator PAPPAGEORGE and referred to the Committee on Veterans, Military Affairs and Homeland Security.
A bill to amend 1972 PA 284, entitled
"Business corporation act,"
by amending section 1060 (MCL 450.2060), as amended by 2012 PA 315.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1060. (1) The fees a person shall pay to the
administrator when the documents described in this subsection are
delivered to him or her for filing are as follows:
(a) Articles of a domestic corporation, $10.00.
(b) Application of a foreign corporation for a certificate of
authority to transact business in this state, $10.00.
(c) Amendment to the articles of a domestic corporation,
$10.00.
(d) Amended application for a certificate of authority to
transact business in this state, $10.00.
(e) Certificate of merger, conversion, or share exchange under
chapter 7, $50.00.
(f) Certificate attesting to the occurrence of a merger of a
foreign corporation under section 1021, $10.00.
(g) Certificate of dissolution, $10.00.
(h) Application for withdrawal and issuance of a certificate
of withdrawal of a foreign corporation, $10.00.
(i) Application for reservation of corporate name, $10.00.
(j) Certificate of assumed name or a certificate of
termination of assumed name, $10.00.
(k) Statement of change of registered office or resident
agent, $5.00.
(l) Restated articles of domestic corporations, $10.00.
(m) Certificate of abandonment, $10.00.
(n) Certificate of correction, $10.00.
(o) Certificate of revocation of dissolution proceedings,
$10.00.
(p) Certificate of renewal of corporate existence, $10.00.
(q) For examining a special report required by law, $2.00.
(r) Certificate of registration of corporate name of a foreign
corporation, $50.00.
(s) Certificate of renewal of registration of corporate name
of a foreign corporation, $50.00.
(t) Certificate of termination of registration of corporate
name of a foreign corporation, $10.00.
(u) Report required under section 911, $15.00 if paid before
October 1, 2003 or after September 30, 2015. After September 30,
2003 and before October 1, 2015, the fee is $25.00.
(2) The fees described in subsection (1) are in addition to
any franchise fees prescribed in this act. The administrator shall
not refund all or any part of a fee described in this section.
(3) Except as provided in subsection (9), 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.
(4) The fees described in this section apply to documents
filed by a domestic or foreign regulated investment company as
defined in section 1064.
(5) If any money received by the administrator from fees paid
under subsection (1)(u) is not appropriated to the department in
that fiscal year, the money remaining from those fees shall revert
to the general fund of this state.
(6) A minimum charge of $1.00 for each certificate and 50
cents per folio shall be paid 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. The administrator shall retain the revenue
collected under this subsection, and the department shall use it to
defray the costs for its copying and certifying services.
(7) If a domestic or foreign corporation pays fees or
penalties by check and the check is dishonored, the fee is unpaid
and the administrator shall rescind the filing of all related
documents.
(8) The administrator may accept a credit card in lieu of cash
or check as payment of a fee under this act. The administrator
shall determine which credit cards he or she shall accept for
payment.
(9) The administrator may charge a nonrefundable fee of up to
$50.00 for any document submitted or certificate sent by facsimile
or electronic transmission. The administrator shall retain the
revenue collected under this subsection and the department shall
use it to carry out its duties required by law.
(10) The administrator shall waive any fee otherwise required
under this section if a majority of the shares of the domestic or
foreign
corporation responsible for paying the fee are , and the
corporation
provides proof satisfactory to the administrator that
those
shares are, held by 1 or more honorably discharged veterans
of
the armed forces of the United States.held, or will initially be
held, by 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.
(11) To request a fee waiver under subsection (10), the
incorporators shall submit both of the following to the
administrator with the document submitted for filing under this
section:
(a) A signed affidavit requesting the fee waiver and
certifying that a majority of the shares are held, or a majority of
the initial shares of the corporation will be held, by 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 a shareholder, or will be an initial
shareholder, of the corporation.
(12) 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.