H. B. 2671
(By Delegate Michael)
[Introduced March 21, 1997; referred to the
Committee on Finance.]
A BILL to amend and reenact section eight, article five, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section five,
article twelve-c, chapter eleven of said code; to amend and
reenact section seventeen-c, article five, chapter twenty-one- a of said code; to amend and reenact sections nine and
fourteen, article nineteen, chapter twenty-nine of said code;
to amend article two, chapter twenty-nine-a of said code by
adding thereto a new section, designated section ten; to amend
and reenact sections three and six, article eighteen, chapter
thirty of said code; to amend and reenact sections fifteen and
fifty-six, article one, chapter thirty-one of said code; to
amend and reenact section one hundred eleven, article one,
chapter thirty-one-b of said code; to amend and reenact
sections twelve and thirteen, article four, chapter thirty-three of said code; to amend and reenact section eight,
article one-a, chapter thirty-eight of said code and section
five, article five-a of said chapter; to amend and reenact
sections four hundred three, four hundred four; four hundred
five; four hundred six and four hundred seven, article nine,
chapter forty-six of said code; to amend and reenact section
one hundred thirty-seven, article two, chapter forty-six-a of
said code; to amend and reenact section four, article nine,
chapter forty-seven of said code; to amend and reenact
sections thirty-one and thirty-three, article three, chapter
fifty-six of said code; and to amend and reenact section two,
article one, chapter fifty-nine of said code, relating
generally to the secretary of state; fees and charges for
services of the secretary of state, filing a change of
officers for a corporation or other business entity and
designation of the secretary of state as attorney in fact for
service of process; providing for an increase in fees and
requiring the secretary of state to make available by computer
on-line service, the code of state rules and portions of the
state register; requiring the secretary of state to provide
the code of state rules on diskette to members of the public;
providing for timely updating of the code of state rules
;
authorizing the secretary of state to propose legislative
rules regarding fees for diskettes; and creating a special
account for receipt of funds
.
Be it enacted by the Legislature of West Virginia:
That section eight, article five, chapter three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended be
amended and reenacted; that section five, article twelve-c, chapter
eleven of said code be amended and reenacted; that section
seventeen-c, article five, chapter twenty-one-a of said code be
amended and reenacted; that sections nine and fourteen, article
nineteen, chapter twenty-nine of said code be amended and
reenacted; that article two, chapter twenty-nine-a be amended by
adding thereto a new section, designated section ten; that sections
three and six, article eighteen, chapter thirty of said code be
amended and reenacted; that sections fifteen and fifty-six, article
one, chapter thirty-one of said code be amended and reenacted; to
amend and reenact section one hundred eleven, article one, chapter
thirty-one-b of said code; that sections twelve and thirteen,
article four, chapter thirty-three of said code be amended and
reenacted; that section eight, article one-a, chapter thirty-eight
of said code and section five, article five-a of said chapter be
amended and reenacted; that sections four hundred three, four
hundred four; four hundred five; four hundred six and four hundred
seven, article nine, chapter forty-six of said code be amended and
reenacted; that section one hundred thirty-seven, article two,
chapter forty-six-a of said code be amended and reenacted; that
section four, article nine, chapter forty-seven of said code be amended and reenacted; that sections thirty-one and thirty-three,
article three, chapter fifty-six of said code be amended and
reenacted; and that section two, article one, chapter fifty-nine of
said code be amended and reenacted, all to read as follows:
CHAPTER 3. ELECTIONS
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-8. Filing fees and their disposition.
Every person who becomes a candidate for nomination for or
election to office in any primary election, shall, at the time of
filing the certificate of announcement as required in this article,
pay a filing fee as follows:
(a) A candidate for president of the United States, for vice- president of the United States, for United States senator, for
member of the United States House of Representatives, for governor
and for all other state elective offices shall pay a fee equivalent
to one percent of the annual salary of the office for which the
candidate announces;
(b) A candidate for the office of judge of a circuit court and
judge of any court of record of limited jurisdiction shall pay a
fee equivalent to one percent of the total annual salary of the
office
paid from any and all sources for which the candidate
announces;
(c) A candidate for member of the House of Delegates shall pay
a fee of
thirty-three dollars one-half percent of the total annual salary of the office, and a candidate for state senator shall pay
a fee of
sixty-six dollars one percent of the total annual salary
of the office;
(d) A candidate for sheriff, prosecuting attorney, circuit
clerk, county clerk, assessor, member of the county
court
commission and
member of the county board of education magistrate
shall pay a fee equivalent to one percent of the annual salary of
the office for which the candidate announces
: Provided, That the
fee in no case shall be less than five dollars.
A candidate for
county board of education shall pay a fee of twenty-five dollars.
A candidate for any other county office shall pay a fee of
five
ten dollars;
(e)
A candidate for justice of the peace in districts having
a population of five thousand or less shall pay a fee of ten
dollars; in districts having a population of more than five
thousand and not more than twenty-five thousand, fifteen dollars;
and in districts having more than twenty-five thousand populations,
each candidate shall pay a fee of twenty-five dollars;
(f) A candidate for constable in districts having a population
of five thousand or less shall pay a fee of five dollars; in
districts having a population of more than five thousand and not
more than twenty-five thousand, ten dollars; and in all other
districts fifteen dollars;
(g) Delegates to the national convention of any political
party shall pay the following filing fees:
A candidate for delegate-at-large shall pay a fee of twenty
dollars; and a candidate for delegate from a congressional district
shall pay a fee of ten dollars;
(h)(f) Candidates for members of political executive
committees and other political committees shall pay the following
filing fees:
A candidate for member of a state executive committee of any
political party shall pay a fee of
ten twenty dollars; a candidate
for member of a county executive committee of any political party
shall pay a fee of
one ten dollar
s; and a candidate for member of
a congressional, senatorial or delegate district committee of any
political party shall pay a fee of
one five dollar
s.
Candidates filing for an office to be filled by the voters of
one county shall pay the filing fee to the clerk of the circuit
court, and candidates filing for an office to be filled by the
voters of more than one county shall pay the filing fee to the
secretary of state at the time of filing their certificates of
announcement, and no certificate of announcement shall be received
until the filing fee is paid.
All moneys received by such clerk from such fees shall be
credited to the general county fund. Moneys received by the
secretary of state from fees paid by candidates for offices to be
filled by all the voters of the state shall be deposited in a special fund for that purpose and shall be apportioned and paid by
him to the several counties on the basis of population, and that
received from candidates from a district or judicial circuit of
more than one county shall be apportioned to the counties
comprising the district or judicial circuit in like manner. When
such moneys are received by sheriffs, it shall be credited to the
general county fund.
CHAPTER 11. TAXATION.
ARTICLE 12C. CORPORATE LICENSE TAX.
§11-12C-5. Annual fee of secretary of state as attorney-in-fact.
Every
domestic and foreign corporation,
and every
domestic and
foreign limited partnership
, every domestic corporation whose
principal place of business or chief works is located outside the
state, and every domestic limited partnership whose principal place
of business is located outside the state, shall pay an annual fee
of ten dollars for the services of the secretary of state as
attorney-in-fact for such corporation or limited partnership, which
fee shall be due and payable at the same time and with the same
return, collected by the same officers, and accounted for in the
same way, as the annual license tax imposed on corporations under
this article. The tax commissioner shall pay over to the secretary
of state all attorney-in-fact fees collected under this section,
and such fees shall be used to offset the costs of the secretary of
state for his or her services as attorney-in-fact.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 5. EMPLOYER COVERAGE AND RESPONSIBILITY.
§21A-5-17c. Service of process on nonresident employer.
If an employer is not a resident of West Virginia, was a
resident but has left the state of West Virginia or is a
corporation not authorized to do business in this state and for
which employer services are performed in insured work within the
state of West Virginia and liability for payment of unemployment
compensation contributions is due and payable to this state under
the provisions of the West Virginia unemployment compensation law,
such employer shall be deemed to appoint the secretary of state of
West Virginia, or his successor in office, to be the employer's
true and lawful attorney upon whom may be served all lawful process
in any action or any proceeding for all purposes under this chapter
and when served as hereinafter provided such service shall have the
same force, effect and validity as if said nonresident employer
were personally served with summons and complaint in this state.
Service shall be made by leaving the original and two copies
of both the summons and complaint, and
a the fee
of two dollars
required by section two, article one, chapter fifty-nine of this
Code, with the secretary of state, or in his office, and said
service shall be sufficient upon said nonresident. In the event
any such summons and complaint is so served on the secretary of
state he shall immediately cause one of the copies of the summons and complaint to be sent by registered or certified mail, return
receipt requested, to the employer at the latter's last known or
reasonably ascertainable address. The employer's return receipt
or, if such registered or certified mail is returned to the
secretary of state refused by the addressee or for any other reason
is undelivered, such mail showing thereon the stamp of the post- office department that delivery has been refused, or other reason
for nondelivery, shall be appended to the original summons and
complaint, and filed by the secretary of state in the clerk's
office of the court from which said process issued.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 19. SOLICITATION OF CHARITABLE FUNDS ACT.
§29-19-9. Registration of professional fund-raising counsel and
professional solicitor; bonds; records; books.
(a) No person may act as a professional fund-raising counsel
or professional solicitor for a charitable organization subject to
the provisions of this article, unless he or she has first
registered with the secretary of state. Applications for such
registration shall be in writing under oath or affirmation in the
form prescribed by the secretary of state and contain such
information as he or she may require. The application for
registration by professional fund-raising counsel or professional
solicitor shall be accompanied by an annual fee in the sum of
fifty
one hundred dollars. A partnership or corporation, which is a professional fund-raising counsel or professional solicitor, may
register for and pay a single fee on behalf of all its members,
officers, agents and employees. However, the names and addresses
of all officers, agents and employees of professional fund-raising
counsel and all professional solicitors, their officers, agents,
servants or employees employed to work under the direction of a
professional solicitor shall be listed in the application.
(b) The applicant shall, at the time of the making of an
application, file with and have approved by the secretary of state
a bond in which the applicant shall be the principal obligor in the
sum of ten thousand dollars and which shall have one or more
sureties satisfactory to the secretary of state, whose liability in
the aggregate as such sureties will at least equal the said sum and
maintain said bond in effect so long as a registration is in
effect. The bond shall run to the state for the use of the
secretary of state and any person who may have a cause of action
against the obligor of said bonds for any losses resulting from
malfeasance, nonfeasance or misfeasance in the conduct of
solicitation activities. A partnership or corporation which is a
professional fund-raising counsel or professional solicitor may
file a consolidated bond on behalf of all its members, officers and
employees.
(c) Each registration shall be valid throughout the state for
a period of one year and may be renewed for additional one-year
periods upon written application under oath in the form prescribed by the secretary of state and the payment of the fee prescribed
herein.
(d) The secretary of state or his or her designate shall
examine each application, and if he or she finds it to be in
conformity with the requirements of this article and all relevant
rules and regulations and the registrant has complied with the
requirements of this article and all relevant rules and
regulations, he or she shall approve the registration.
§29-19-14. Nonresident charitable organizations, professional
fund-raising counsel and solicitors; designation of
secretary of state as agent for service of process;
notice of such service by attorney general.
Any charitable organization or professional fund-raising
counsel or professional solicitor having its or his or her
principal place of business without the state, or organized under
and by virtue of the laws of a foreign state, which or who shall
solicit contributions from people in this state, is subject to the
provisions of this article and shall be deemed to have irrevocably
appointed the secretary of state as its or his or her agent upon
whom may be served any summons, subpoena, subpoena duces tecum or
other process directed to such charitable organization,
professional fund-raising counsel or professional solicitor or any
partner, principal officer or director thereof in any action or
proceeding brought under the provisions of this article. Service of such process upon the secretary of state shall be made by
personally delivering to and leaving with him a copy thereof
along
with the fee required by section two, article one, chapter fifty- nine of this Code, and such service shall be sufficient service:
Provided, That notice of such service and a copy of such process
are forthwith sent by the
attorney general secretary of state to
such charitable organization or professional fund-raising counsel
or professional solicitor by registered or certified mail with
return receipt requested at its or his or her office, as set forth
in the registration form required to be filed with the secretary of
state pursuant to this article or in default of the filing of such
form, at the last address known to the
attorney general or to the
secretary of state.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 2. STATE REGISTER.
§ 29A-2-10. Electronic availability; rule monitor required.
(a) To promote convenient access by the citizens of this state
to the state register and the code of state rules, the secretary of
state shall make the rule monitor and the cross reference from the
code of state rules citation to the name of the agency promulgating
the rule as listed in alphabetical order in the rule monitor
available to the public, without cost, on a computer on-line
service. The secretary of state shall also make any agency rule
available to any member of the public on a electronic format by computer diskette and down-loading. The electronically formatted
rule shall be available in a format for conversion to any commonly
used software word processing program currently available to the
public.
(b) To give users of the code of state rules a means to know
whether the rule 1) is being superseded by a new version of the
rule which has become effective but has not yet been final-filed,
prepared, proofed and distributed, or 2) may be superseded by a
rule which is being proposed and promulgated pursuant to this
article but has not yet become final, the secretary of state shall
comply with the requirements of this subsection. With each update
of the code of state rules the secretary of state shall include a
copy of the rule monitor and the cross index thereto showing rules
that have become effective but have not yet been distributed and
rules which may be superseded by a proposed rule. The copy of the
rule monitor distributed with the updates of the code of state
rules shall plainly state that the version of the rule monitor
distributed with the update of the code of state rules only
reflects the status of the promulgation of rules as of the date of
distribution of the update to the code of state rules, and that
the user should consult the rule monitor in the most recent
publication of the state register to obtain the most recent status
of the promulgation of rules. With the first distribution to the
loose-leaf version of the code of state rules the secretary of
state shall also distribute a divider where the current rule monitor shall be maintained. With the first distribution the
secretary of state shall also include instructions, with a copy for
insertion in or on the front of each volume of the loose-leaf
versions of the code of state rules to instruct users on how the
rule monitor can be utilized to determine whether the version in
the rule is the rule currently in effect. This subsection is not
a requirement that subscribers to the updates of the code of state
rules shall receive a subscription to the state register. (b) After a rule has been final filed with the secretary of
state, the secretary of state shall prepare the rule for
distribution to update the code of state rules. The prepared rule
shall be sent to the agency which promulgated the rule for
proofing. The code of state rules shall be updated by the
secretary of state within sixty days of the return of the proofed
rule by the agency.
(c) The secretary of state is authorized to propose a
legislative rule, as provided in article three of this chapter, to
provide for any necessary and reasonable fees associated with
providing the computer diskette service. Any fee established and
collected shall be deposited in a special account in the state
treasury. Expenditures from said account shall be for the purposes
set forth in this section and are not authorized from collections
but are to be made only in accordance with appropriation by the
Legislature in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code:
Provided, That for the fiscal year ending the thirtieth day of
June, for the year following the authorization of the rule and
establishment of this account, expenditures are authorized from
collections rather than pursuant to an appropriation by the
Legislature. Amounts collected which are found from time to time
to exceed the funds needed for purposes set forth in this article
may be transferred to other accounts or funds and redesignated for
other purposed by appropriation of the Legislature.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-3. Application requirements for a license to conduct the
private investigation business.
(a) To be licensed to be a private detective, a private
investigator or to operate a private detective or investigative
firm, each applicant shall complete and file a written application,
under oath, with the secretary of state and in such form as the
secretary may prescribe.
(b) On the application each applicant shall provide the
following information: The applicant's name, birth date,
citizenship, physical description, military service, current
residence, residences for the preceding seven years, qualifying
education or experience, the location of each of his or her offices
in this state and any other information requested by the secretary
of state in order to comply with the requirements of this article.
(c) In the case of a corporation that is seeking a firm
license, the application shall be signed by the president, and
verified by the secretary or treasurer of such corporation and
shall specify the name of the corporation, the date and place of
its incorporation, the names and titles of all officers, the
location of its principal place of business, and the name of the
city, town or village, stating the street and number, and otherwise
such apt description as will reasonably indicate the location. If
the corporation has been incorporated in a state other than West
Virginia, a certificate of good standing from the state of
incorporation must accompany the application. This information
must be provided in addition to that required to be provided by the
applicant.
(d) The applicant shall provide:
(1) Information in the application about whether the applicant
has ever been arrested for or convicted of any crime or wrongs,
either done or threatened, against the government of the United
States;
(2) Information about offenses against the laws of West
Virginia or any state; and
(3) Any facts as may be required by the secretary of state to
show the good character, competency and integrity of the applicant.
To qualify for a firm license, the applicant shall provide
such information for each person who will be authorized to conduct the private investigation business and for each officer, member or
partner of the firm.
(e) As part of the application, each applicant shall give the
secretary of state permission to review the records held by the
division of public safety for any convictions that may be on record
for the applicant.
(f) For each applicant for a license and for each officer,
member and partner of the firm applying for a license, the
application shall be accompanied by one recent full-face photograph
and one complete set of the person's fingerprints.
(g) For each applicant, the application shall be accompanied
by:
(1) Character references from at least five reputable
citizens. Each reference must have known the applicant for at
least five years preceding the application. No reference may be
connected to the applicant by blood or marriage. All references
must have been written for the purpose of the application for a
license to conduct the private investigation business; and
(2)
A non-refundable application processing service charge of
fifty dollars, which shall be payable to the secretary of state to
offset the cost of license review and criminal investigation
background report from the department of public safety, along with
A a license fee of
fifty one hundred dollars if the applicant is an
individual, or
one two hundred dollars if the applicant is a firm,
or five hundred dollars if the applicant is a non-resident of West Virginia or a foreign corporation or business entity.
The license
fee shall be deposited to the general revenue fund, and shall be
refunded only if the license is denied.
(h) All applicants for private detective or private
investigator licenses or for private investigation firm licenses
shall file in the office of secretary of state a surety bond. Such
bond shall:
(1) Be in the sum of two thousand five hundred dollars and
conditioned upon the faithful and honest conduct of such business
by such applicant;
(2) Be written by a company recognized and approved by the
insurance commissioner of West Virginia and approved by the
attorney general of West Virginia with respect to its form;
(3) Be in favor of the state of West Virginia for any person
who is damaged by any violation of this article. The bond must
also be in favor of any person damaged by such a violation.
(i) Any person claiming against the bond required by
subsection (h) of this section for a violation of this article may
maintain an action at law against any licensed individual or firm
and against the surety. The surety shall be liable only for
damages awarded under section twelve of this article and not the
punitive damages permitted under that section. The aggregate
liability of the surety to all persons damaged by a person or firm
licensed under this article may not exceed the amount of the bond.
§30-18-6. Application requirements for a license to conduct
security guard business.
(a) To be licensed as a security guard or to operate a
security guard firm, each applicant shall complete and file a
written application, under oath, with the secretary of state and in
such form as the secretary may prescribe.
(b) On the application, each applicant shall provide the
following information: The applicant's name, birth date,
citizenship, physical description, military service, current
residence, residences for the preceding seven years, qualifying
education or experience, the location of each of his or her offices
in this state and any other information requested by the secretary
of state in order to comply with the requirements of this article.
(c) In the case of a corporation that is seeking a firm
license, the application shall be signed by the president, and
verified by the secretary or treasurer of such corporation and
shall specify the name of the corporation, the date and place of
its incorporation, the names and titles of all officers, the
location of its principal place of business, and the name of the
city, town or village, stating the street and number, and otherwise
such apt description as will reasonably indicate the location. If
the corporation has been incorporated in a state other than West
Virginia, a certificate of good standing from the state of
incorporation must accompany the application. This information shall be provided in addition to that required to be provided the
applicant.
(d) The applicant shall provide:
(1) Information in the application about whether the applicant
has ever been arrested for or convicted of any crime or wrongs,
either done or threatened, against the government of the United
States;
(2) Information about offenses against the laws of West
Virginia or any state; and
(3) Any facts as may be required by the secretary of state to
show the good character, competency and integrity of the applicant.
To qualify for a firm license, the applicant shall provide
such information for each person who would be authorized to conduct
security guard business under the applicant's firm license and for
each officer, member or partner in the firm.
(e) As part of the application, each applicant shall give the
secretary of state permission to review the records held by the
department of public safety for any convictions that may be on
record for the applicant.
(f) For each applicant for a license and for each officer,
member and partner of the firm applying for a license, the
application shall be accompanied by one recent full-face photograph
and one complete set of the person's fingerprints.
(g) For each applicant, the application shall be accompanied
by:
(1) Character references from at least five reputable
citizens. Each reference must have known the applicant for at
least five years preceding the application. No reference may be
connected to the applicant by blood or marriage. All references
must have been written for the purpose of the application for a
license to conduct security guard business; and
(2)
A non-refundable application processing service charge of
fifty dollars, which shall be payable to the secretary of state to
offset the cost of license review and criminal investigation
background report from the department of public safety, along with
A a license fee of
fifty one hundred dollars if the applicant is an
individual, or
one two hundred dollars if the applicant is a firm,
or five hundred dollars if the applicant is a non-resident of West
Virginia or a foreign corporation or business entity.
The license
fee shall be deposited to the general revenue fund, and shall be
refunded only if the license is denied.
(h) All applicants for security guard licenses or security
guard firm licenses shall file in the office of secretary of state
a surety bond. Such bond shall:
(1) Be in the sum of two thousand five hundred dollars and
conditioned upon the faithful and honest conduct of such business
by such applicant;
(2) Be written by a company recognized and approved by the
insurance commissioner of West Virginia and approved by the
attorney general of West Virginia with respect to its form;
(3) Be in favor of the state of West Virginia for any person
who is damaged by any violation of this article. The bond must
also be in favor of any person damaged by such a violation.
(i) Any person claiming against the bond required by
subsection (h) of this section for a violation of this article may
maintain an action at law against any licensed individual or firm
and against the surety. The surety shall be liable only for
damages awarded under section twelve of this article and not the
punitive damages permitted under that section. The aggregate
liability of the surety to all persons damaged by a person or firm
licensed under this article may not exceed the amount of the bond.
CHAPTER 31. CORPORATIONS.
ARTICLE 1. BUSINESS AND NONPROFIT CORPORATIONS.
§31-1-15. Secretary of state constituted attorney-in-fact for all
corporations; manner of acceptance or service of
notices and process upon secretary of state; what
constitutes conducting affairs or doing or
transacting business in this state for purposes of
this section.
The secretary of state is hereby constituted the attorney-in-
fact for and on behalf of every corporation created by virtue of
the laws of this state and every foreign corporation authorized to
conduct affairs or do or transact business herein pursuant to the
provisions of this article, with authority to accept service of notice and process on behalf of every such corporation and upon
whom service of notice and process may be made in this state for
and upon every such corporation. No act of such corporation
appointing the secretary of state such attorney-in-fact shall be
necessary. Immediately after being served with or accepting any
such process or notice, of which process or notice two copies for
each defendant shall be furnished the secretary of state with the
original notice or process, together with
a the fee
of five dollars
required by section two, article one, chapter fifty-nine of this
Code, the secretary of state shall file in his office a copy of
such process or notice, with a note thereon endorsed of the time of
service, or acceptance, as the case may be, and transmit one copy
of such process or notice by registered or certified mail, return
receipt requested, to the person to whom notice and process shall
be sent, whose name and address were last furnished to the state
officer at the time authorized by statute to accept service of
notice and process and upon whom notice and process may be served;
and if no such person has been named, to the principal office of
the corporation at the address last furnished to the state officer
at the time authorized by statute to accept service of process and
upon whom process may be served, as required by law. No process or
notice shall be served on the secretary of state or accepted by him
less than ten days before the return day thereof. Such corporation
shall pay the annual fee prescribed by article twelve, chapter eleven of this code for the services of the secretary of state as
its attorney-in-fact.
Any foreign corporation which shall conduct affairs or do or
transact business in this state without having been authorized so
to do pursuant to the provisions of this article shall be
conclusively presumed to have appointed the secretary of state as
its attorney-in-fact with authority to accept service of notice and
process on behalf of such corporation and upon whom service of
notice and process may be made in this state for and upon every
such corporation in any action or proceeding described in the next
following paragraph of this section. No act of such corporation
appointing the secretary of state as such attorney-in-fact shall be
necessary. Immediately after being served with or accepting any
such process or notice, of which process or notice two copies for
each defendant shall be furnished the secretary of state with the
original notice or process, together with
a the fee
of five dollars
required by section two, article one, chapter fifty-nine of this
Code, the secretary of state shall file in his office a copy of
such process or notice, with a note thereon endorsed of the time of
service or acceptance, as the case may be, and transmit one copy of
such process or notice by registered or certified mail, return
receipt requested, to such corporation at the address of its
principal office, which address shall be stated in such process or
notice. Such service or acceptance of such process or notice shall
be sufficient if such return receipt shall be signed by an agent or employee of such corporation, or the registered or certified mail
so sent by the secretary of state is refused by the addressee and
the registered or certified mail is returned to the secretary of
state, or to his office, showing thereon the stamp of the United
States postal service that delivery thereof has been refused, and
such return receipt or registered or certified mail is appended to
the original process or notice and filed therewith in the clerk's
office of the court from which such process or notice was issued.
No process or notice shall be served on the secretary of state or
accepted by him less than ten days before the return date thereof.
The court may order such continuances as may be reasonable to
afford each defendant opportunity to defend the action or
proceedings.
For the purpose of this section, a foreign corporation not
authorized to conduct affairs or do or transact business in this
state pursuant to the provisions of this article shall nevertheless
be deemed to be conducting affairs or doing or transacting business
herein (a) if such corporation makes a contract to be performed, in
whole or in part, by any party thereto, in this state, (b) if such
corporation commits a tort in whole or in part in this state, or
(c) if such corporation manufactures, sells, offers for sale or
supplies any product in a defective condition and such product
causes injury to any person or property within this state
notwithstanding the fact that such corporation had no agents,
servants or employees or contacts within this state at the time of said injury. The making of such contract, the committing of such
tort or the manufacture or sale, offer of sale or supply of such
defective product as hereinabove described shall be deemed to be
the agreement of such corporation that any notice or process served
upon, or accepted by, the secretary of state pursuant to the next
preceding paragraph of this section in any action or proceeding
against such corporation arising from, or growing out of, such
contract, tort, or manufacture or sale, offer of sale or supply of
such defective product shall be of the same legal force and
validity as process duly served on such corporation in this state.
§31-1-56. Appointment of person to whom notice or process may be
sent by the secretary of state; change of principal
office or name and address of person to receive
notice or process.
(a) A corporation may at any time appoint a person other than
the corporation to whom notice or process served upon the secretary
of state or service of which is accepted by the secretary of state
may be sent, as required by section fifteen of this article, by
filing with the secretary of state a statement setting forth:
(1) The name of the corporation and the state of its
incorporation.
(2) The present address of its principal office.
(3) Express appointment of and the name and address of the
person to whom notice or process shall be sent by the secretary of
state under section fifteen of this article.
(4) Express authority to the secretary of state to send to
such person at the address given, all notices and process served
upon the secretary of state or service of which is accepted by the
secretary of state.
(5) That such appointment was duly authorized by the board of
directors of the corporation.
Such statement shall be signed by the president or a vice
president or secretary or an assistant secretary, of the
corporation, verified by the signer and delivered to the secretary
of state, and upon receipt thereof shall be filed by the secretary
of state in his office.
(b) A corporation may at any time change the address of its
principal office; or the name and address, or the address, of the
person to whom shall be sent notice or process served upon, or
service of which is accepted by, the secretary of state. Such
change shall become effective as the name and address or address
last furnished to the secretary of state for the purposes of
section fifteen of this article only when such corporation has
filed in the office of the secretary of state a statement setting
forth:
(1) The name of the corporation.
(2) The state under whose laws it was incorporated.
(3) If the address of the principal office is changed, then
the address of the former or present principal office and the
address to which it is changed or to be changed.
(4) If the name and address or address only of the person to
whom notice or process is to be sent is to be changed, then the
name and address of such person to be used from and after the
filing of the statement required by this section.
(5) That such change was duly authorized by the board of
directors.
(c) The corporation may file a record of the election or
appointment of new corporate officers, setting forth:
(1) The name and principal office address of the corporation.
(2) The name, address and office of each new officer.
(3) That the officers were duly elected or appointed.
Such statement shall be signed by the president, vice
president, secretary or assistant secretary of the corporation and
verified by him.
The fee for filing any notice of a change of
agent, officers and/or principal office address shall be as
required by section two, article one, chapter fifty-nine of this
Code.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
ARTICLE 1. GENERAL PROVISIONS.
§31B-1-111. Service of process.
(a) An agent for service of process appointed by a limited
liability company or a foreign limited liability company is an
agent of the company for service of any process, notice or demand
required or permitted by law to be served upon the company.
(b) If a limited liability company or foreign limited
liability company fails to appoint or maintain an agent for service
of process in this state or the agent for service of process cannot
with reasonable diligence be found at the agent's address, the
secretary of state is an agent of the company upon whom process,
notice or demand may be served.
(c) Service of any process, notice or demand on the secretary
of state may be made by delivering to and leaving with the
secretary of state, the assistant secretary of state or clerk
having charge of the limited liability company department of the
secretary of state, the original process, notice or demand and two
copies thereof for each defendant, along with
a the fee
of ten
dollars required by section two, article one, chapter fifty-nine of
this Code. No process, notice or demand may be served on or
accepted by the secretary of state less than ten days before the
return day thereof. If the process, notice or demand is served on
the secretary of state, the secretary of state shall forward one of
the copies by registered or certified mail, return receipt
requested, to the company at its designated office and shall file
in his or her office a copy of such process, notice or demand, with
a note thereon endorsed of the time of service, or acceptance, as the case may be. Such service or acceptance of such process,
notice or demand is sufficient if such return receipt is signed by
an agent or employee of such company, or the registered or
certified mail so sent by the secretary of state is refused by the
addressee and the registered or certified mail is returned to the
secretary of state, showing thereon the stamp of the United States
postal service that delivery thereof has been refused, and such
return receipt or registered or certified mail is appended to the
original process, notice or demand and filed therewith in the
clerk's office of the court from which such process, notice or
demand was issued.
(d) The secretary of state shall keep a record of all
processes, notices and demands served pursuant to this section and
record the time of and the action taken regarding the service.
(e) This section does not affect the right to serve process,
notice or demand in any manner otherwise provided by law.
CHAPTER 33. INSURANCE.
ARTICLE 4. GENERAL PROVISIONS.
§33-4-12. Service of process on licensed insurers.
The secretary of state shall be, and is hereby constituted,
the attorney-in-fact of every licensed insurer, domestic, foreign,
or alien, transacting insurance in this state, upon whom all legal
process in any action, suit or proceeding against it shall be
served, and he may accept service of such process. Such process shall be served upon the secretary of state, or accepted by him, in
the same manner as provided for service of process upon unlicensed
insurers under subdivisions (2) and (3) of subsection (b) of
section thirteen of this article. Each licensed insurer shall pay
to the secretary of state an annual fee of ten dollars for services
as authorized agent for service of process
, which shall be used to
offset the costs of the secretary of state for his or her services
as attorney-in-fact.
§33-4-13. Service of process on unlicensed insurers.
(a) The purpose of this section is to subject certain insurers
to the jurisdiction of the courts of this state in suits by or on
behalf of insureds or beneficiaries under certain insurance
contracts and to subject said insurers to the jurisdiction of the
courts of this state in suits by or on behalf of the insurance
commissioner of West Virginia. The Legislature declares that it is
a subject of concern that certain insurers, while not licensed to
transact insurance in this state, are soliciting the sale of
insurance and selling insurance to residents of this state, thus
presenting the insurance commissioner with the problem of resorting
to courts of foreign jurisdictions for the purpose of enforcing the
insurance laws of this state for the protection of our citizens.
The Legislature declares that it is also a subject of concern that
many residents of this state hold policies of insurance issued or
delivered in this state by insurers not licensed to transact insurance in this state, thus presenting to such residents the
often insuperable obstacle of resorting to distant fora for the
purpose of asserting legal rights under such policies. In
furtherance of such state interest, the Legislature herein provides
a method of substituted service of process upon such insurers and
declares that in so doing it exercises its powers to protect its
residents and to define, for the purpose of this section, what
constitutes transacting insurance in this state, and also exercises
powers and privileges available to the state by virtue of public
law number fifteen, seventy-ninth Congress of the United States,
chapter twenty, first session, Senate number three hundred forty,
as amended, which declares that the business of insurance and every
person engaged therein shall be subject to the laws of the several
states.
(b) (1) Any of the following acts in this state, effected by
mail or otherwise, by an unlicensed foreign or alien insurer: (I)
The issuance or delivery of contracts of insurance to residents of
this state or to corporations authorized to do business therein,
(ii) the solicitation of applications for such contracts, (iii) the
collection of premiums, membership fees, assessments or other
considerations for such contracts, or (iv) any other transaction of
business, is equivalent to and shall constitute an appointment by
such insurer of the secretary of state and his or her successor in
office, to be its true and lawful attorney, upon whom may be served
all lawful process in any action, suit or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such
contract of insurance, and in any action, suit or proceeding which
may be instituted by the insurance commissioner in the name of any
such insured or beneficiary or in the name of the state of West
Virginia, and in any administrative proceeding before the
commissioner, and any such act shall be signification of its
agreement that such service of process is of the same legal force
and validity as personal service of process in this state upon such
insurer.
(2) Such service of process upon any such insurer or upon an
insurer pursuant to section twenty-two, article three of this
chapter in any such action or proceeding in any court of competent
jurisdiction of this state, or in any administrative proceeding
before the commissioner, may be made by serving the secretary of
state or his or her chief clerk with two copies and an original
thereof and the payment to him or her of
a the fee
of five dollars
required by section two, article one, chapter fifty-nine of this
Code,. The secretary of state shall forward a copy of such process
by registered or certified mail to the defendant at its last-known
principal place of business and shall keep a record of all process
so served upon him or her. Such service of process is sufficient,
provided notice of such service and a copy of the process are sent
within ten days thereafter by or on behalf of the plaintiff or
moving party to the defendant, or responding party, at its last- known principal place of business by registered or certified mail with return receipt requested. The plaintiff or moving party
shall file with the clerk of the court in which the action is
pending, or with the judge or magistrate of such court in case
there be no clerk, or in the official records of the commissioner
if an administrative proceeding before the commissioner, an
affidavit of compliance herewith, a copy of the process and either
a return receipt purporting to be signed by the defendant or
responding party or a person qualified to receive its registered
or certified mail in accordance with the rules and customs of the
post-office department; or, if acceptance was refused by the
defendant or responding party or an agent thereof, the original
envelope bearing a notation by the postal authorities that receipt
was refused. Service of process so made shall be deemed to have
been made within the territorial jurisdiction of any court in this
state.
(3) Service of process in any such action, suit or proceeding
shall in addition to the manner provided in subdivision (2) of this
subsection (b) be valid if served upon any person within this state
who, in this state on behalf of such insurer, is
(A) Soliciting insurance, or
(B) Making, issuing or delivering any contract of insurance,
or
(c) Collecting or receiving any premium, membership fee,
assessment or other consideration for insurance:
Provided, That notice of such service and a copy of such process are sent within
ten days thereafter, by or on behalf of the plaintiff or moving
party to the defendant or responding party at the last-known
principal place of business of the defendant or responding party,
by registered or certified mail with return receipt requested. The
plaintiff or moving party shall file with the clerk of the court in
which the action is pending, or with the judge or magistrate of
such court in case there be no clerk, or in the official records of
the commissioner if an administrative proceeding before the
commissioner, an affidavit of compliance herewith, a copy of the
process and either a return receipt purporting to be signed by the
defendant or responding party, or a person qualified to receive its
registered or certified mail in accordance with the rules and
customs of the post-office department; or, if acceptance was
refused by the defendant or responding party, or an agent thereof,
the original envelope bearing a notation by the postal authorities
that receipt was refused.
(4) The papers referred to in subdivisions (2) and (3) of this
subsection (b) shall be filed within thirty days after the return
receipt or other official proof of delivery or the original
envelope bearing a notation of refusal, as the case may be, is
received by the plaintiff or moving party. Service of process
shall be complete ten days after such process and the accompanying
papers are filed in accordance with this section.
(5) Nothing in this section contained shall limit or abridge
the right to serve any process, notice or demand upon any insurer
in any other manner now or hereafter permitted by law.
(c)(1) Before any unauthorized or unlicensed foreign or alien
insurer shall file or cause to be filed any pleading in any action,
suit or proceeding instituted against it, or any notice, order,
pleading or process in an administrative proceeding before the
commissioner instituted against such insurer, such unauthorized or
unlicensed insurer shall either (I) deposit with the clerk of the
court in which such action, suit or proceeding is pending, or with
the commissioner in an administrative proceeding before the
commissioner, cash or securities or file with such clerk or the
commissioner a bond with good and sufficient sureties, to be
approved by the court or the commissioner, in an amount to be fixed
by the court or commissioner sufficient to secure the payment of
any final judgment which may be rendered in such action or
administrative proceeding:
Provided, That the court or the
commissioner may in its, his or her respective discretion make an
order dispensing with such deposit or bond where the auditor of the
state shall have certified to such court or commissioner that such
insurer maintains within this state funds or securities in trust or
otherwise sufficient and available to satisfy any final judgment
which may be entered in such action, suit or proceeding; or (ii)
procure a license to transact insurance in this state.
(2) The court or the commissioner in any action, suit or
proceeding in which service is made in the manner provided in
subdivision (2) or (3), subsection (b) of this section may, in its,
his or her respective discretion, order such postponement as may be
necessary to afford the defendant or responding party reasonable
opportunity to comply with the provisions of subdivision (1) of
this subsection (c) and to defend such action or proceeding.
(3) Nothing in subdivision (1) of this subsection (c) is to be
construed to prevent an unauthorized or unlicensed foreign or alien
insurer from filing a motion to set aside service thereof made in
the manner provided in subdivision (2) or (3), subsection (b) of
this section on the grounds that such insurer has not done any of
the acts enumerated in subdivision (1), subsection (b) of this
section, or in section twenty-two, article three of this chapter.
(d) In any action against an unauthorized or unlicensed
foreign or alien insurer upon a contract of insurance issued or
delivered in this state to a resident thereof or to a corporation
authorized to do business therein, if the insurer has failed for
thirty days after demand prior to the commencement of the action to
make payment in accordance with the terms of the contract, and it
appears to the court that such refusal was vexatious and without
reasonable cause, the court may allow to the plaintiff a reasonable
attorney's fee and include such fee in any judgment that may be
rendered in such action. Such fee shall not exceed twelve and one- half percent of the amount which the court finds the plaintiff is entitled to recover against the insurer, but in no event shall such
fee be less than twenty-five dollars. Failure of an insurer to
defend any such action shall be deemed prima facie evidence that
its failure to make payment was vexatious and without reasonable
cause.
CHAPTER 38. LIENS.
ARTICLE 1A. TRUSTEES OF SECURITY TRUSTS.
§38-1A-8. How service of process or notice made.
Service of such process or notice shall be made by mailing or
delivering to the office of said secretary of state three copies of
such process or notice, with a notation thereon of the residence
address of the trustee upon whom service is being had, as stated in
the security trust; if the address of the trustee be not stated in
the security trust, the notation shall state the address of the
beneficiary of such trust as given in the security trust; and
service thereof shall be complete upon the receipt in said office
of such notice or process bearing such notation and accompanied by
a the fee
of two dollars required by section two, article one,
chapter fifty-nine of this Code, which shall be taxed as costs in
the suit, action or proceeding. The secretary of state shall pay
into the state treasury all funds so coming into his hands, and
shall keep one copy of all such process and notices, with a record
of the day and hour of service thereof.
ARTICLE 5A. SUGGESTIONS OF SALARY AND WAGES OF PERSONS ENGAGED IN
PRIVATE EMPLOYMENT.
§38-5A-5. Service of suggestee execution upon suggestee; payments
in satisfaction of execution; action for failure or
refusal to pay; payments to be made every ninety
days.
(a) Service of a suggestee execution against salary or wages
may be made by the clerk of the circuit court or the magistrate
court clerk, as the case may be, by sending a copy of the suggestee
execution to the suggestee by certified mail, return receipt
requested, with delivery restricted to the addressee. If the
registered mail is unclaimed, or otherwise is not accepted or is
refused by the suggestee, then service of the suggestee execution
shall be made in the same manner as a summons commencing an action
is served, in accordance with the rules of civil procedure for
trial courts of record:
Provided, That if the suggestee is located
in a county other than the county where the suggestee execution
issues, the clerk may mail the suggestee execution by first class
mail to the sheriff of the other county for such service.
If the
service is made on a corporation, limited liability company, or
other person or entity through the secretary of state, it shall be
submitted along with the fee required by section two, article one,
chapter fifty-nine of this Code.
(b) If the suggestee served with the execution is indebted or
will in the future become indebted to the judgment debtor for
salary or wages, then during the time the execution remains a lien
on any indebtedness for salary and wages, the suggestee is required
to pay over to the officer serving the same or to the judgment
creditor the percentage of the indebtedness required by section
three of this article, until the execution is wholly satisfied.
The suggestee shall deduct the amounts paid from the amounts
payable to the judgment debtor as salary or wages, and the
deduction of these amounts is a bar to any further action by the
judgment creditor against the wages or salary of the judgment
debtor.
(c) Once every ninety days during the life of such execution
and any renewal execution, the suggestee upon whom the execution or
any renewal execution is served shall pay over to the officer who
served the same or to the judgment creditor the full amount of
money held or retained pursuant to such execution or renewal
execution during the preceding ninety days.
If the suggestee upon whom the execution is served fails or
refuses to pay over to the officer serving the execution or to the
judgment creditor the required percentage of the indebtedness, as
aforesaid, he or she shall be liable to an action therefor by the
judgment creditor named in the execution and the amount recovered
in the action shall be applied in satisfaction of the execution.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL
PAPERS.
§46-9-403. What constitutes filing; duration of filing; effect of
lapsed filing; duties of filing officer.
(1) Presentation for filing of a financing statement and
tender of the filing fee or acceptance of the statement by the
filing officer constitutes filing under this article.
(2) Except as provided in subsection (6) or in subsection (8),
a filed financing statement is effective for a period of five years
from the date of filing. The effectiveness of a filed financing
statement lapses on the expiration of the five-year period, unless
a continuation statement is filed prior to the lapse. If a
security interest perfected by filing exists at the time insolvency
proceedings are commenced by or against the debtor, the security
interest remains perfected until termination of the insolvency
proceedings and thereafter for a period of sixty days or until
expiration of the five-year period, whichever occurs later. Upon
lapse the security interest becomes unperfected, unless it is
perfected without filing. If the security interest becomes
unperfected upon lapse, it is deemed to have been unperfected as
against a person who became a purchaser or lien creditor before
lapse.
(3) A continuation statement may be filed by the secured party
within six months prior to the expiration of the five-year period
specified in subsection (2). Any such continuation statement must
be signed by the secured party, identify the original statement by
file number and state that the original statement is still
effective. A continuation statement signed by a person other than
the secured party of record must be accompanied by a separate
written statement of assignment signed by the secured party of
record and complying with subsection (2) of section 9-405,
including payment of the required fee. Upon timely filing of the
continuation statement, the effectiveness of the original statement
is continued for five years after the last date to which the filing
was effective whereupon it lapses in the same manner as provided in
subsection (2) unless another continuation statement is filed prior
to such lapse. Succeeding continuation statements may be filed in
the same manner to continue the effectiveness of the original
statement. Unless a statute on disposition of public records
provides otherwise, the filing officer may remove a lapsed
statement from the files and destroy it immediately if he has
retained a microfilm or other photographic record, or in other
cases after one year after the lapse. The filing officer shall so
arrange matters by physical annexation of financing statements to
continuation statements or other related filings, or by other
means, that if he physically destroys the financing statements of
a period more than five years past, those which have been continued by a continuation statement or which are still effective under
subsection (6) shall be retained.
(4) Except as provided in subsection (7), a filing officer
shall mark each statement with a file number and with the date and
hour of filing and shall hold the statement or a microfilm or other
photographic copy thereof for public inspection. In addition the
filing officer shall index the statements according to the name of
the debtor and shall note in the index the file number and the
address of the debtor given in the statement.
(5) The uniform fee for filing and indexing and for stamping
a copy furnished by the secured party to show the date and place of
filing for an original financing statement or for a continuation
statement shall be
$1.00 if the statement is in the standard form
prescribed by the secretary of state and otherwise shall be $5.00,
plus in each case, if the financing statement is subject to
subsection (5) of section 9-402, $1.00. The uniform fee for each
name more than one required to be indexed shall be $1.00 ten
dollars. The secured party may at his option show a trade name for
any person
and an extra uniform indexing fee of $1.00 shall be
paid with respect thereto.
(6) If the debtor is a transmitting utility (subsection (5) of
section 9-401) and a filed financing statement so states, it is
effective until a termination statement is filed. A real estate
mortgage which is effective as a fixture filing under subsection
(6) of section 9-402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its
effectiveness otherwise terminates as to the real estate.
(7) When a financing statement covers timber to be cut or
covers minerals or the like (including oil and gas) or accounts
subject to subsection (5) of section 9-103, or is filed as a
fixture filing, it shall be filed for record and the filing officer
shall index it under the names of the debtor and any owner of
record shown on the financing statement in the same fashion as if
they were the mortgagors in a mortgage of the real estate
described, and, to the extent that the law of this state provides
for indexing of mortgages under the name of the mortgagee, under
the name of the secured party as if he were the mortgagee
thereunder, or where indexing is by description in the same fashion
as if the financing statement were a mortgage of the real estate
described.
(8) Notwithstanding any provision of this code to the
contrary, a filed financing statement on public bond issues of
counties, municipalities or public service districts of this state
shall be effective for the life of such bond issues without the
need for filing continuation statements.
§46-9-404. Termination statement.
(1) If a financing statement covering consumer goods is filed
on or after the first day of July, 1975, then within one month or
within ten days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make
advances, incur obligations or otherwise give value, the secured
party must file with each filing officer with whom the financing
statement was filed, a termination statement to the effect that he
no longer claims a security interest under the financing statement,
which shall be identified by file number. In other cases whenever
there is no outstanding secured obligation and no commitment to
make advances, incur obligations or otherwise give value, the
secured party must on written demand by the debtor send the debtor,
for each filing officer with whom the financing statement was
filed, a termination statement to the effect that he no longer
claims a security interest under the financing statement, which
shall be identified by file number. A termination statement signed
by a person other than the secured party of record must be
accompanied by a separate written statement of assignment signed by
the secured party of record complying with subsection (2) of
section 9-405, including payment of the required fee. If the
affected secured party fails to file such a termination statement
as required by this subsection, or to send such a termination
statement within ten days after proper demand therefor he shall be
liable to the debtor for one hundred dollars, and in addition for
any loss caused to the debtor by such failure.
(2) On presentation to the filing officer of such a
termination statement he must note it in the index. If he has
received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped
to show the time of receipt thereof. If the filing officer has a
microfilm or other photographic record of the financing statement,
and of any related continuation statement, statement of assignment
and statement of release, he may remove the originals from the
files at any time after receipt of the termination statement, or if
he has no such record, he may remove them from the files at any
time after one year after receipt of the termination statement.
(3)
If the termination statement is in the standard form
prescribed by the secretary of state, The uniform fee for filing
and indexing the termination statement shall be
$1.00, and
otherwise shall be $5.00, plus in each case an additional fee of
$1.00 for each name more than one against which the termination
statement is required to be indexed ten dollars.
§46-9-405. Assignment of security interest; duties of filing
officer; fees.
(1) A financing statement may disclose an assignment of a
security interest in the collateral described in the financing
statement by indication in the financing statement of the name and
address of the assignee or by an assignment itself or a copy
thereof on the face or back of the statement. On presentation to
the filing officer of such a financing statement the filing officer
shall mark the same as provided in section 9-403 (4). The uniform
fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment shall be
$1.00 if the
statement is in the standard form prescribed by the secretary of
state and otherwise shall be $5.00, plus in each case an additional
fee of $1.00 for each name more than one against which the
financing statement is required to be indexed ten dollars.
(2) A secured party may assign of record all or a part of his
rights under a financing statement by the filing in the place where
the original financing statement was filed of a separate written
statement of assignment signed by the secured party of record and
setting forth the name of the secured party of record and the
debtor, the file number and the date of filing of the financing
statement and the name and address of the assignee and containing
a description of the collateral assigned. A copy of the assignment
is sufficient as a separate statement if it complies with the
preceding sentence. On presentation to the filing officer of such
a separate statement, the filing officer shall mark such separate
statement with the date and hour of the filing. He shall note the
assignment on the index of the financing statement, or in the case
of a fixture filing, or a filing covering timber to be cut, or
covering minerals or the like (including oil and gas) or accounts
subject to subsection (5) of section 9-103, he shall index the
assignment under the name of the assignor as grantor and, to the
extent that the law of this state provides for indexing the
assignment of a mortgage under the name of the assignee, he shall
index the assignment of the financing statement under the name of the assignee. The uniform fee for filing, indexing and furnishing
filing data about such a separate statement of assignment shall be
$1.00 if the statement is in the standard form prescribed by the
secretary of state and otherwise shall be $5.00, plus in each case
an additional fee of $1.00 for each name more than one against
which the statement of assignment is required to be indexed ten
dollars. Notwithstanding the provisions of this subsection, an
assignment of record of a security interest in a fixture contained
in a mortgage effective as a fixture filing (subsection (6) of
section 9-402) may be made only by an assignment of the mortgage in
the manner provided by the law of this state other than this
chapter.
(3) After the disclosure or filing of an assignment under this
section, the assignee is the secured party of record.
§46-9-406. Release of collateral; duties of filing officer; fees.
A secured party of record may by his signed statement release
all or a part of any collateral described in a filed financing
statement. The statement of release is sufficient if it contains
a description of the collateral being released, the name and
address of the debtor, the name and address of the secured party,
and the file number of the financing statement. A statement of
release signed by a person other than the secured party of record
must be accompanied by a separate written statement of assignment
signed by the secured party of record and complying with subsection (2) of section 9-405, including payment of the required fee. Upon
presentation of such a statement of release to the filing officer
he shall mark the statement with the hour and date of filing and
shall note the same upon the margin of the index of the filing of
the financing statement. The uniform fee for filing and noting such
a statement of release shall be
$1.00 if the statement is in the
standard form prescribed by the secretary of state and otherwise
shall be $5.00, plus in each case an additional fee of $1.00 for
each name more than one against which the statement of release is
required to be indexed ten dollars.
§46-9-407. Information from filing officer; central indexing
system for recording security interest in farm
products; contents.
(1) If the person filing any financing statement, termination
statement, statement of assignment, or statement of release,
furnishes the filing officer a copy thereof, the filing officer
shall upon request note upon the copy the file number and date and
hour of the filing of the original and deliver or send the copy to
such person.
(2) Upon request of any person, the secretary of state shall
issue his certificate showing whether there is on file in his
office on the date and hour stated therein, any presently effective
financing statement naming a particular debtor and any statement of
assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each
secured party therein. The uniform fee for such a certificate
shall be
three dollars if the request for the certificate is in the
standard form prescribed by the secretary of state and otherwise
shall be five dollars plus fifty cents for each financing statement
and for each statement of assignment reported therein. Upon
request the filing officer shall furnish a copy of any filed
financing statement or statement of assignment for a uniform fee of
fifty cents per page.
(3) The secretary of state shall develop and implement a
central indexing system containing the information filed with his
office pursuant to subsection four, section three hundred seven of
this article. Under this system, the secretary shall record the
date and time of filing and compile the information into a master
list organized according to farm products. The list shall be
organized within each farm product category in alphabetical order
according to the last name of the borrower, or in the case of
borrowers doing business other than as individuals, the first word
in the name of such borrower in numerical order according to the
social security or taxpayer identification number of the borrower,
geographically by county and by crop year. The master list shall
also contain the name and address of the secured party, the name
and address of the borrower, a description of the farm products,
including amount where applicable, subject to the security
interest, and a reasonable description of the real estate, including the county where or upon which the farm products are
located.
(4) The secretary of state shall maintain a list of all buyers
of farm products, commission merchants and selling agents who
register with the secretary of state indicating an interest in
receiving the lists described in subsection five of this section.
(5) The secretary of state shall distribute on a regular basis
as determined by the secretary of state to each buyer, commission
merchant and selling agent registered under subsection four, a copy
in written or printed form of those portions of the master list
which the buyer, commission merchant or selling agent has indicated
an interest in receiving.
(6) Upon the request of any person, the secretary of state
shall provide within twenty-four hours an oral confirmation of the
filing of the form described in subsection four, section three
hundred seven of this article, followed by a written confirmation.
(7) All fees and moneys collected by the secretary of state
pursuant to the provisions of this article shall be deposited by
the secretary of state in a separate fund in the state treasury and
shall be expended solely for the purposes of this article, unless
otherwise provided by appropriation or other action of the
Legislature.
(8) The secretary of state shall, pursuant to the provisions
of article three, chapter twenty-nine-a of this code, promulgate rules and set fees, not otherwise provided for by general law, to
carry out the duties associated with this article.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
ARTICLE 2. CONSUMER CREDIT PROTECTION.
§46A-2-137. Service of process on certain nonresidents.
Any nonresident person, except a nonresident corporation
authorized to do business in this state pursuant to the provisions
of chapter thirty-one of this code, who takes or holds any
negotiable instrument, nonnegotiable instrument, or contract or
other writing, arising from a consumer credit sale or consumer
lease which is subject to the provisions of this article, other
than a sale or lease primarily for an agricultural purpose, or who
is a lender subject to the provisions of section one hundred three
of this article, shall be conclusively presumed to have appointed
the secretary of state as his attorney-in-fact with authority to
accept service of notice and process in any action or proceeding
brought against him arising out of such consumer credit sale,
consumer lease or consumer loan. A person shall be considered a
nonresident hereunder if he is a nonresident at the time such
service of notice and process is sought. No act of such person
appointing the secretary of state shall be necessary. Immediately
after being served with or accepting any such process or notice, of
which process or notice two copies for each defendant shall be
furnished the secretary of state with the original notice or process, together with
a the fee
of two dollars required by section
two, article one, chapter fifty-nine of this Code, the secretary of
state shall file in his office a copy of such process or notice,
with a note thereon endorsed of the time of service or acceptance,
as the case may be, and transmit one copy of such process or notice
by registered or certified mail, return receipt requested, to such
person at his address, which address shall be stated in such
process or notice:
Provided, That such return receipt shall be
signed by such person or an agent or employee of such person if a
corporation, or the registered or certified mail so sent by said
secretary of state is refused by the addressee and the registered
or certified mail is returned to said secretary of state, or to his
office, showing thereon the stamp of the U.S. postal service that
delivery thereof has been refused, and such return receipt or
registered or certified mail is appended to the original process or
notice and filed therewith in the clerk's office of the court from
which such process or notice was issued. But no process or notice
shall be served on the secretary of state or accepted fewer than
ten days before the return date thereof. The court may order such
continuances as may be reasonable to afford each defendant
opportunity to defend the action or proceeding.
The provisions for service of process or notice herein are
cumulative and nothing herein contained shall be construed as a bar to the plaintiff in any action from having process or notice in
such action served in any other mode and manner provided by law.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 9. UNIFORM LIMITED PARTNERSHIP ACT.
§47-9-4. Secretary of state constituted attorney-in-fact for all
limited partnerships; manner of acceptance or service
of notice and process upon secretary of state; what
constitutes conducting affairs or doing or transacting
business in this state for purposes of this section.
The secretary of state is hereby constituted the attorney-in-
fact for and on behalf of every limited partnership created by
virtue of the laws of this state and every foreign limited
partnership authorized to conduct affairs or do or transact
business herein pursuant to the provisions of this article, with
authority to accept service of notice and process on behalf of
every such limited partnership and upon whom service of notice and
process may be made in this state for and upon every such limited
partnership. No act of such limited partnership appointing the
secretary of state such attorney-in-fact shall be necessary.
Immediately after being served with or accepting any such process
or notice, of which process or notice two copies for each defendant
shall be furnished the secretary of state with the original notice
or process, together with
a the fee
of five dollars required by
section two, article one, chapter fifty-nine of this Code, the secretary of state shall file in his office a copy of such process
or notice, with a note thereon endorsed of the time of service or
acceptance, as the case may be, and transmit one copy of such
process or notice by registered or certified mail, return receipt
requested, to the person to whom notice and process shall be sent,
whose name and address were last furnished to the state officer at
the time authorized by statute to accept service of notice and
process and upon whom notice and process may be served; and if no
such person has been named, to the principal office of the limited
partnership at the address last furnished to the state officer at
the time authorized by statute to accept service of process and
upon whom process may be served, as required by law. No process or
notice shall be served on the secretary of state or accepted by him
less than ten days before the return day thereof. Such limited
partnership shall pay the annual fee prescribed by article twelve,
chapter eleven of this code for the services of the secretary of
state as its attorney-in-fact.
Any foreign limited partnership which shall conduct affairs or
do or transact business in this state without having been
authorized so to do pursuant to the provisions of this article
shall be conclusively presumed to have appointed the secretary of
state as its attorney-in-fact with authority to accept service of
notice and process on behalf of such limited partnership and upon
whom service of notice and process may be made in this state for
and upon every such limited partnership in any action or proceeding described in the next following paragraph of this section. No act
of such limited partnership appointing the secretary of state as
such attorney-in-fact shall be necessary. Immediately after being
served with or accepting any such process or notice, of which
process or notice two copies for each defendant shall be furnished
the secretary of state with the original notice or process,
together with
a the fee
of five dollars required by section two,
article one, chapter fifty-nine of this Code, the secretary of
state shall file in his office a copy of such process or notice,
with a note thereon endorsed of the time of service or acceptance,
as the case may be, and transmit one copy of such process or notice
by registered or certified mail, return receipt requested, to such
limited partnership at the address of its principal office, which
address shall be stated in such process or notice. Such service
or acceptance of such process or notice shall be sufficient if such
return receipt shall be signed by an agent or employee of such
limited partnership, or the registered or certified mail so sent by
the secretary of state is refused by the addressee and the
registered or certified mail is returned to the secretary of state,
or to his office, showing thereon the stamp of the United States
postal service that delivery thereof has been refused, and such
return receipt or registered or certified mail is appended to the
original process or notice and filed therewith in the clerk's
office of the court from which such process or notice was issued.
No process or notice shall be served on the secretary of state or accepted by him less than ten days before the return date thereof.
The court may order such continuances as may be reasonable to
afford each defendant opportunity to defend the action or
proceedings.
For the purpose of this section, a foreign limited partnership
not authorized to conduct affairs or do or transact business in
this state pursuant to the provisions of this article shall
nevertheless be deemed to be conducting affairs or doing or
transacting business herein (a) if such limited partnership makes
a contract to be performed, in whole or in part, by any party
thereto in this state, (b) if such limited partnership commits a
tort in whole or in part in this state, or (c) if such limited
partnership manufactures, sells, offers for sale or supplies any
product in a defective condition and such product causes injury to
any person or property within this state notwithstanding the fact
that such limited partnership had no agents, servants or employees
or contacts within this state at the time of said injury. The
making of such contract, the committing of such tort or the
manufacture or sale, offer of sale or supply of such defective
product as hereinabove described shall be deemed to be the
agreement of such limited partnership that any notice or process
served upon, or accepted by, the secretary of state pursuant to the
next preceding paragraph of this section in any action or
proceeding against such limited partnership arising from or growing
out of such contract, tort or manufacture or sale, offer of sale or supply of such defective product shall be of the same legal force
and validity as process duly served on such limited partnership in
this state.
CHAPTER 56. PLEADING AND PRACTICE
ARTICLE 3. WRITS, PROCESS AND ORDER OF PUBLICATION.
§56-3-31. Actions by or against nonresident operators of motor
vehicles involved in highway accidents; appointment of
secretary of state, insurance company, as agents;
service of process.
(a) Every nonresident, for the privilege of operating a motor
vehicle on a public street, road or highway of this
state,
either
personally or through an agent, appoints the secretary of state, or
his or her successor in office, to be his or her agent or
attorney-in-fact upon whom may be served all lawful process in any
action or proceeding against him or her in any court of record in
this state arising out of any accident or collision occurring in
the state of West Virginia in which such nonresident may be
involved:
Provided, That in the event process against a
nonresident defendant cannot be effected through the secretary of
state, as provided by this section, for the purpose only of service
of process, such nonresident motorist shall be deemed to have
appointed as his or her agent or attorney-in-fact any insurance
company which has a contract of automobile or liability insurance
with said nonresident defendant.
(b) For purposes of service of process as provided in this
section, every insurance company shall be deemed the agent or
attorney-in-fact of every nonresident motorist insured by such
company if the insured nonresident motorist is involved in any
accident or collision in this state and service of process cannot
be effected upon said nonresident through the office of the
secretary of state. Upon receipt of process as hereinafter
provided, the insurance company may, within thirty days, file an
answer or other pleading or take any action allowed by law on
behalf of the defendant.
(c) A nonresident operating a motor vehicle in this state,
either personally or through an agent, is deemed to acknowledge the
appointment of the secretary of state, or, as the case may be, his
or her automobile insurance company, as his or her agent or
attorney-in-fact, or the agent or attorney-in-fact of his or her
administrator, administratrix, executor or executrix in the event
the nonresident dies, and furthermore is deemed to agree that any
process against him or her or against his or her administrator,
administratrix, executor or executrix, which is served in the
manner hereinafter provided, shall be of the same legal force and
validity as though said nonresident or his or her administrator,
administratrix, executor or executrix were personally served with
a summons and complaint within this state.
Any action or proceeding may be instituted, continued or
maintained on behalf of or against the administrator, administratrix, executor or executrix of any nonresident who dies
during or subsequent to an accident or collision resulting from the
operation of a motor vehicle in this state by the nonresident or
his or her duly authorized agent.
(d) At the time of filing a complaint against a nonresident
motorist who has been involved in an accident or collision in the
state of West Virginia and before a summons is issued thereon, the
plaintiff, or someone for him or her, shall execute a bond in the
sum of one hundred dollars before the clerk of the court in which
the action is filed, with surety to be approved by said clerk,
conditioned that on failure of the plaintiff to prevail in the
action he or she will reimburse the defendant, or cause the
defendant to be reimbursed, the necessary expense incurred in the
defense of the action in this state. Upon the issue of a summons
the clerk will certify thereon that the bond has been given and
approved.
(e) Service of process upon a nonresident defendant shall be
made by leaving the original and two copies of both the summons and
complaint, together with the bond certificate of the clerk, and
a
the fee
of five dollars required by section two, article one,
chapter fifty-nine of this Code with the secretary of state, or in
his or her office, and said service shall be sufficient upon the
nonresident defendant or, if a natural person, his or her
administrator, administratrix, executor or executrix:
Provided, That notice of service and a copy of the summons and complaint
shall be sent by registered or certified mail, return receipt
requested, by the secretary of state to the nonresident defendant.
The return receipt signed by the defendant or his or her duly
authorized agent shall be attached to the original summons and
complaint and filed in the office of the clerk of the court from
which process is issued. In the event the registered or
certified
mail sent by the secretary of state is refused or unclaimed by the
addressee or if the addressee has moved without any forwarding
address, the registered or certified mail returned to the secretary
of state, or to his or her office, showing thereon the stamp of the
post
office department that delivery has been refused or not
claimed or that the addressee has moved without any forwarding
address, shall be appended to the original summons and complaint
and filed in the clerk's office of the court from which process
issued. The court may order such continuances as may be reasonable
to afford the defendant opportunity to defend the action.
(f) The fee
of five dollars, remitted to the secretary of
state at the time of service, shall be taxed in the costs of the
proceeding and the secretary of state shall pay into the state
treasury all funds so coming into his or her hands from such
service. The secretary of state shall keep a record in his or her
office of all service of process and the day and hour of service
thereof.
(g) In the event service of process upon a nonresident
defendant cannot be effected through the secretary of state as
provided by this section, service may be made upon the defendant's
insurance company. The plaintiff must file with the clerk of the
circuit court an affidavit alleging that the defendant is not a
resident of this state; that process directed to the secretary of
state was sent by registered or certified mail, return receipt
requested; that the registered or certified mail was returned to
the office of the secretary of state showing the stamp of the post
office department that delivery was refused or that the notice was
unclaimed or that the defendant addressee moved without any
forwarding address; and that the secretary of state has complied
with the provisions of subsection (e) herein. Upon receipt of
process the insurance company may, within thirty days, file an
answer or other pleading and take any action allowed by law in the
name of the defendant.
(h) The following words and phrases, when used in this
article, shall, for the purpose of this article and unless a
different intent on the part of the Legislature is apparent from
the context, have the following meanings:
(1) "Duly authorized agent" means and includes, among others,
a person who operates a motor vehicle in this state for a
nonresident as defined in this section and chapter, in pursuit of
business, pleasure or otherwise, or who comes into this state and
operates a motor vehicle for, or with the knowledge or acquiescence of, a nonresident; and includes, among others, a member of the
family of such nonresident or a person who, at the residence, place
of business or post office of such nonresident, usually receives
and acknowledges receipt for mail addressed to the nonresident.
(2) "Motor vehicle" means and includes any self-propelled
vehicle, including motorcycle, tractor and trailer, not operated
exclusively upon stationary tracks.
(3) "Nonresident" means any person who is not a resident of
this state or a resident who has moved from the state subsequent to
an accident or collision, and among others includes a nonresident
firm, partnership, corporation or voluntary association, or a firm,
partnership, corporation or voluntary association that has moved
from the state subsequent to an accident or collision.
(4) "Nonresident plaintiff or plaintiffs" means a nonresident
who institutes an action in a court in this state having
jurisdiction against a nonresident in pursuance of the provisions
of this article.
(5) "Nonresident defendant or defendants" means a nonresident
motorist who, either personally or through his or her agent,
operated a motor vehicle on a public street, highway or road in
this state and was involved in an accident or collision which has
given rise to a civil action filed in any court in this state.
(6) "Street", "road" or "highway" means the entire width
between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter
of right, for purposes of vehicular traffic.
(7) "Insurance company" means any firm, corporation,
partnership or other organization which issues automobile
insurance.
(I) The provision for service of process herein is cumulative
and nothing herein contained shall be construed as a bar to the
plaintiff in any action from having process in such action served
in any other mode and manner provided by law.
§56-3-33. Actions by or against nonresident persons having
certain contracts with this state; authorizing
secretary of state to receive process; bond and
fees; service of process; definitions; retroactive
application.
(a) The engaging by a nonresident, or by his duly authorized
agent, in any one or more of the acts specified in subdivisions (1)
through (7) of this subsection shall be deemed equivalent to an
appointment by such nonresident of the secretary of state, or his
successor in office, to be his true and lawful attorney upon whom
may be served all lawful process in any action or proceeding
against him, in any circuit court in this state, including an
action or proceeding brought by a nonresident plaintiff or
plaintiffs, for a cause of action arising from or growing out of
such act or acts, and the engaging in such act or acts shall be a signification of such nonresident's agreement that any such process
against him, which is served in the manner hereinafter provided,
shall be of the same legal force and validity as though such
nonresident were personally served with a summons and complaint
within this state:
(1) Transacting any business in this state;
(2) Contracting to supply services or things in this state;
(3) Causing tortious injury by an act or omission in this
state;
(4) Causing tortious injury in this state by an act or
omission outside this state if he regularly does or solicits
business, or engages in any other persistent course of conduct, or
derives substantial revenue from goods used or consumed or services
rendered in this state;
(5) Causing injury in this state to any person by breach of
warranty expressly or impliedly made in the sale of goods outside
this state when he might reasonably have expected such person to
use, consume or be affected by the goods in this state:
Provided,
That he also regularly does or solicits business, or engages in any
other persistent course of conduct, or derives substantial revenue
from goods used or consumed or services rendered in this state;
(6) Having an interest in, using or possessing real property
in this state; or
(7) Contracting to insure any person, property or risk located
within this state at the time of contracting.
(b) When jurisdiction over a nonresident is based solely upon
the provisions of this section, only a cause of action arising from
or growing out of one or more of the acts specified in subdivisions
(1) through (7), subsection (a) of this section may be asserted
against him.
(c) At the time of filing a complaint and before a summons is
issued thereon, the plaintiff, or someone for him, shall execute a
bond in the sum of one hundred dollars before the clerk of the
court, with surety to be approved by said clerk, conditioned that
on failure of the plaintiff to prevail in the action or proceeding
that he will reimburse the defendant, or cause him to be
reimbursed, the necessary taxable costs incurred by him in and
about the defense of the action or proceeding in this state, and
upon the issuance of a summons, the clerk shall certify thereon
that such bond has been given and approved. Service shall be made
by leaving the original and two copies of both the summons and the
complaint with the certificate aforesaid of the clerk thereon, and
a the fee
of five dollars required by section two, article one,
chapter fifty-nine of this Code with the secretary of state, or in
his office, and such service shall be sufficient upon such
nonresident:
Provided, That notice of such service and a copy of
the summons and complaint shall forthwith be sent by registered or certified mail, return receipt requested, by the secretary of state
to the defendant and the defendant's return receipt signed by
himself or his duly authorized agent or the registered or certified
mail so sent by the secretary of state which is refused by the
addressee and which registered or certified mail is returned to the
secretary of state, or to his office, showing thereon the stamp of
the post-office department that delivery has been refused, shall be
appended to the original summons and complaint and filed therewith
in the clerk's office of the court from which process issued. If
any defendant served with summons and complaint fails to appear and
defend within thirty days of service, judgment by default may be
rendered against him at any time thereafter. The court may order
such continuances as may be reasonable to afford the defendant
opportunity to defend the action or proceeding.
(d) The fee
of five dollars, remitted to the secretary of
state at the time of service, shall be taxed in the costs of the
action or proceeding and the secretary of state shall pay into the
state treasury all funds so coming into his hands from such
service. The secretary of state shall keep a record in his office
of all such process and the day and hour of service thereof.
(e) The following words and phrases, when used in this
section, shall for the purpose of this section and unless a
different intent be apparent from the context, have the following
meanings:
(1) "Duly authorized agent" means and includes among others a
person who, at the direction of or with the knowledge or
acquiescence of a nonresident, engages in such act or acts and
includes among others a member of the family of such nonresident or
a person who, at the residence, place of business or post office of
such nonresident, usually receives and receipts for mail addressed
to such nonresident.
(2) "Nonresident" means any person, other than voluntary
unincorporated associations, who is not a resident of this state or
a resident who has moved from this state subsequent to engaging in
such act or acts, and among others includes a nonresident firm,
partnership or corporation or a firm, partnership or corporation
which has moved from this state subsequent to any of said such act
or acts.
(3) "Nonresident plaintiff or plaintiffs" means a nonresident
of this state who institutes an action or proceeding in a circuit
court in this state having jurisdiction against a nonresident of
this state pursuant to the provisions of this section.
(f) The provision for service of process herein is cumulative
and nothing herein contained shall be construed as a bar to the
plaintiff in any action or proceeding from having process in such
action served in any other mode or manner provided by the law of
this state or by the law of the place in which the service is made
for service in that place in an action in any of its courts of
general jurisdiction.
(g) This section shall not be retroactive and the provisions
hereof shall not be available to a plaintiff in a cause of action
arising from or growing out of any of said acts occurring prior to
the effective date of this section.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL
ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-2. Fees to be charged by secretary of state.
Except as may be otherwise provided in
article one, chapter
thirty-one of this code, the secretary of state shall charge for
services rendered in his office the following fees to be paid by
the person to whom the service is rendered at the time it is done:
For each certificate of incorporation or copy thereof, including
restatements of any such certificates issued on new agreements,
and/or consolidations or all certificates of merger or
consolidation or certificates authorizing a foreign corporation to
do business within this state$10.00
For each certified copy of certificate of incorporation, not to
exceed ten pages10.00
If such copy contains in excess of ten pages, for each additional
page .20
For filing and recording a trademark5.00
For each certificate of change of name, of increase or decrease of
authorized capital stock, or change of principal office, or of
amendment to certificate of incorporation 5.00
For recording a power of attorney and certificate thereof 3.00
For any other certificate, whether required by law or made at the
request of any person 5.00
The foregoing fees shall include the tax on the great seal or the
less seal impress on any such document, as well as the filing,
recording and indexing of the same.
For endorsing and filing reports of corporations, and all other
papers, which include the indexing of the same, for each report or
paper filed 1.00
For filing, recording, indexing, preserving a record of and issuing
a certificate relating to the formation, amendment, change of name,
registration of trade name, merger, consolidation, conversion,
renewal, dissolution, termination, cancellation, withdrawal
revocation and reinstatement of business entities organized within
the state, as follows:
Articles of incorporation of for-profit corporation50.00
Articles of incorporation of non-profit corporation25.00
Agreement of a general partnership50.00
Certificate of a limited partnership100.00
Agreement of a voluntary association50.00
Articles of organization of a business trust50.00
Amendment or correction of articles of incorporation,
including change of name or increase of capital stock, in addition
to any applicable license tax25.00
Amendment or correction, including change of name, of articles
of organization of business trust, limited liability partnership,
limited liability company or professional limited liability
company, or of certificate of limited partnership or agreement of
voluntary association25.00
Amendment and restatement of articles of incorporation,
certificate of limited partnership, agreement of voluntary
association, or articles of organization of limited liability
partnership, limited liability company or professional limited
liability company, or business trust25.00
Registration of trade name, otherwise designated as a true
name, fictitious name or D.B.A. (doing business as) name for any
domestic business entity as permitted by law25.00
Articles of merger of two corporations, limited partnerships,
limited liability partnerships, limited liability companies or
professional limited liability companies, voluntary associations,
or business trusts,25.00
plus for each additional party to the merger in excess of two
15.00 Statement of conversion, when permitted, from one business
entity into another business entity, in addition to the cost of
filing the appropriate documents to organize the surviving entity
25.00
Articles of dissolution of a corporation, voluntary
association or business trust, or statement of dissolution of a
general partnership25.00
Revocation of voluntary dissolution of a corporation,
voluntary association or business trust15.00
Articles of termination of a limited liability company,
cancellation of a limited partnership or statement of withdrawal of
limited liability partnership25.00
Reinstatement of a limited liability company or professional
limited liability company after administrative dissolution25.00
For filing, recording, indexing, preserving a record of and issuing
a certificate relating to the registration, amendment, change of
name, merger, consolidation, conversion, renewal, withdrawal or
termination within this state of business entities organized in
other states or countries, as follows:
Certificate of authority of for-profit corporation100.00
Certificate of authority of non-profit corporation50.00
Certificate of exemption from certificate of authority25.00
Registration of a general partnership50.00
Registration of a limited partnership150.00
Registration of a limited liability partnership for two-year
term 500.00
Registration of a voluntary association50.00
Registration of a trust or business trust50.00
Amendment or correction of certificate of authority of a
foreign corporation, including change of name or increase of
capital stock, in addition to any applicable license tax25.00
Amendment or correction of certificate of limited partnership,
limited liability partnership, limited liability company or
professional limited liability company, voluntary association, or
business trust25.00
Registration of trade name, otherwise designated as a true
name, fictitious name or D.B.A. (doing business as) name for any
foreign business entity as permitted by law25.00
Amendment and restatement of certificate of authority or of
registration of a corporation, limited partnership, limited
liability partnership, limited liability company or professional
limited liability company, voluntary association, or business
trust25.00
Articles of merger of two corporations, limited partnerships,
limited liability partnerships, limited liability companies or
professional limited liability companies, voluntary associations,
or business trusts25.00
plus for each additional party to the merger in excess of
two 5.00
Statement of conversion, when permitted, from one business
entity into another business entity, in addition to the cost of
filing the appropriate articles or certificate to organize the
surviving entity 25.00
Certificate of withdrawal or cancellation of a corporation,
limited partnership, limited liability partnership, limited
liability company, voluntary association or business trust25.00
For receiving, filing and recording a change of the principal
or designated office, change of the agent of process and/or change
of officers, directors, partners, members or managers, as the case
may be, of a corporation, limited partnership, limited liability
partnership, limited liability company or other business entity as
provided by law15.00
For receiving, filing and preserving a reservation of a name
for each 120 days or for any other period in excess of seven days
prescribed by law for a corporation, limited partnership, limited
liability partnership, or limited liability company15.00
For issuing a certificate relating to a corporation or other
business entity, as follows:
Certificate of good standing of a domestic or foreign
corporation10.00
Certificate of existence of a domestic limited liability
company, and certificate of authorization foreign limited liability
company10.00
Certificate of existence of any business entity, trademark or
service mark registered with the secretary of state 10.00
Certified copy of corporate charter or comparable organizing
documents for other business entities15.00
plus, for each additional amendment, restatement or other
additional document5.00
Certificate of registration of the name of a foreign
corporation, limited liability company, limited partnership, or
limited liability partnership25.00
and for the annual renewal of the name registration10.00
Any other certificate not herein specified10.00
For issuing a certificate other than those relating to business
entities as provided above, as follows:
Certificate or apostille relating to the authority of certain
public officers, including the membership of boards and
commissions 10.00
Any other certificate not herein specified10.00
For acceptance, indexing, recordation and execution of service
of process by certified or registered mail upon any corporation,
limited partnership, limited liability partnership, limited
liability company, voluntary association, business trust, insurance
company, person or other entity as permitted by law15.00
For any search, not less than1.00
For searches of more than one hour, for each hour or fraction
thereof consumed in making such search5.00
For a search of records of the office conducted by employees of or
at the expense of the secretary of state upon request, as follows:
For any search of archival records maintained at sites other
than the office of the secretary of state, no less than
10.00
For searches of archival records maintained at sites other
than the office of the secretary of state which require more than
one hour, for each hour or fraction thereof consumed in making such
search10.00
For any search of records maintained on site for the purpose
of obtaining copies of documents or printouts of data5.00
For any search of records maintained in electronic format
which requires special programming to be performed by the state
information services agency or other vendor, any actual cost, but
not less than 25.00
The cost of the search shall be in addition to the cost of any
copies or printouts prepared or any certificate issued pursuant
thereto or based thereon.
For entering statement of satisfaction of conditional sale
contract 1.00
For filing each financing, continuation or termination
statement or other statement or writing permitted to be filed under
chapter forty-six of the code3.00
For recording any paper for which no specific fee is
prescribed
1.00 5.00
Or at the rate, for each one hundred words recorded, of .20
For issuing commission to a notary public, or to a
commissioner of deeds, which shall include the tax on the state
seal thereon and other charges5.00
For a testimonial 1.50
For producing and providing photocopies or printouts of electronic
data of specific records upon request, as follows:
For a copy of any paper
or printout of electronic data, if one
sheet 1.00
For each sheet
of copy after the first
.75 .50
For sending the copies or lists by fax transmission5.00
For producing and providing photocopies of lists, reports,
guidelines and other documents produced in multiple copies for
general public use, a publication price to be established by the
secretary of state at a rate approximating 2.00 plus .10 per page,
and rounded to the nearest dollar.
For electronic copies of records obtained in data format on
disk, the cost of the record in the least expensive available
printed format, plus, for each required disk, which shall be
provided by the secretary of state,5.00
The secretary of state may promulgate legislative rules for charges
for on-line electronic access to database information or other
information maintained by the secretary of state.
For issuing a commission to a commissioner in any other state....
5.00
For any other work or service not herein enumerated, such fee as
may be elsewhere prescribed.
The records maintained by the secretary of state are prepared
and indexed at the expense of the state, and those records shall
not be obtained for commercial resale without the written agreement
of the state to a contract including reimbursement to the state for
each instance of resale.
The secretary of state may provide printed or electronic
information free of charge as he or she deems necessary and
efficient for the purpose of informing the general public or the
news media.
NOTE: The purpose of the bill is to set the charges for
services at a fair rate designed to offset the cost to the state of
the services provided, and to correct minor discrepancies relating
to the secretary of state as agent for service of process and the
filing of changes of officers by corporations and other business
entities.
The Bill also requires
the Secretary of State to make the
code of state rules available on the Internet; provide copies of
rules on computer disc; and update the rules data base within one
hundred and twenty days of final filing. The Secretary of State is
authorized to propose legislative rules to charge fees for
providing discs to the public. A special account is created to
administer any fees collected for this fee.