HB-4399, As Passed House, May 26, 2015HB-4399, As Passed Senate, May 26, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4399

     A bill to amend 1993 PA 23, entitled

"Michigan limited liability company act,"

by amending section 1101 (MCL 450.5101), as amended by 2012 PA 310.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1101. (1) The fees to be paid to the administrator when

the documents described in this subsection are delivered to him or

her for filing are as follows:

     (a) Certificate of correction, $25.00.

     (b) Articles of organization, $50.00.

     (c) Amendment to the articles of organization, $25.00.

     (d) Restated articles of organization, $50.00.

     (e) Application for reservation of name, $25.00.

     (f) Certificate of assumed name or a certificate of

termination of assumed name, $25.00.

     (g) Annual statement of resident agent and registered office,

$15.00 if paid through September 30, 2003 and after September 30,

2015. Beginning October 1, 2003 through 2019. Through September 30,

2015, 2019, the fee is $25.00.

     (h) Certificate of restoration of good standing, $50.00.

     (i) Notice of resignation of resident agent, or statement of

change of registered office or resident agent, $5.00.

     (j) Certificate of merger as provided in article 7, $100.00.

     (k) Certificate of abandonment, $10.00.

     (l) Certificate of conversion, $25.00.

     (m) Certificate of dissolution, $10.00.

     (n) Application of a foreign limited liability company for a

certificate of authority to transact business in this state,

$50.00.

     (o) Certificate correcting statement contained in an

application for a certificate of authority to transact business in

this state, $25.00.

     (p) Certificate attesting to the occurrence of a merger of a

foreign limited liability company, as provided in section 1005,

$10.00.

     (q) Application for withdrawal and issuance of a certificate

of withdrawal of a foreign limited liability company, $10.00.

     (2) In addition to a fee required to file a document, the

administrator may charge a fee of $50.00 if the document is filed

by facsimile or other electronic transmission or the administrator

is requested to transmit a document by facsimile or other

electronic transmission.

     (3) 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.

     (4) 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 domestic or foreign

limited liability company if a fee is not set forth 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 pursuant to a

schedule of fees that the administrator shall adopt with the

approval of the state administrative board. The administrator shall

retain the revenue collected under this subsection and use it to

defray the costs of the department's copying and certifying

services.

     (5) If a domestic or foreign limited liability company pays

fees or penalties by check and the check is dishonored, the fee is

considered unpaid and the filing of all related documents will be

rescinded.

     (6) The administrator may accept payment by credit card,

instead 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 of a fee.

     (7) The administrator shall waive any fee otherwise required

under this section if a majority of the membership interests in the

domestic or foreign limited liability company responsible for

paying the fee are, and the domestic or foreign limited liability

company provides proof satisfactory to the administrator that those

interests are, held by 1 or more honorably discharged veterans of

the armed forces of the United States.

     Enacting section 1. This amendatory act takes effect October

1, 2015.