Senate Bill No. 480
(By Senator Sharpe)
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[Introduced March 24, 1997; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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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 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; to amend and reenact section five,
article five-a of said chapter; to amend and reenact
sections four hundred three through four hundred seven,
inclusive, 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, all relating to 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.
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 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; that section one
hundred eleven, article one, chapter thirty-one-b of said code be
amended and reenacted; 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 be amended and reenacted; that section five, article five-a
of said chapter be amended and reenacted; that sections four
hundred three through four hundred seven, inclusive, 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) (e) 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 dollar ten dollars; and a
candidate for member of a congressional, senatorial or delegate
district committee of any political party shall pay a fee of
one
dollar five dollars.
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
or her 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
or her 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
or she 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 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 nonrefundable 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 nonresident 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 nonrefundable 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 nonresident 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
or her 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
or her 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
or her. The fee for filing any notice of a
change of agent, officers or principal office address is 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
or she may accept service of such process. Such process
shall may 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 determined
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 the fee in any
judgment that may be rendered in
such the action.
Such The fee
shall may 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 may such the fee be
less than twenty-five dollars. Failure of an insurer to defend
any such action shall be
deemed determined 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
or she 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
one dollar if the statement is in the standard form prescribed by the secretary of state and
otherwise shall be five dollars, 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 one dollar ten dollars. The secured party
may at his option show a trade name for any person.
and an extra
uniform indexing fee of one dollar 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
or she 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
one dollar and
otherwise shall be five dollars, plus in each case an additional
fee of one dollar 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
one
dollar if the statement is in the standard form prescribed by the
secretary of state and otherwise shall be five dollars, plus in
each case an additional fee of one dollar 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
one dollar if
the statement is in the standard form prescribed by the secretary
of state and otherwise shall be five dollars, 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
one
dollar if the statement is in the standard form prescribed by the
secretary of state and otherwise shall be five dollars, plus in
each case an additional fee of one dollar 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
or her
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
determined 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 determined 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 determined 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 determined 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
or her duly
authorized agent, in any one or more of the acts specified in
subdivisions (1) through (7) of this subsection shall be
deemed
determined to be equivalent to an appointment by such nonresident
of the secretary of state, or his
or her successor in office, to
be his
or her true and lawful attorney upon whom may be served
all lawful process in any action or proceeding against him
or
her, 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
or her, 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 or she might reasonably have expected such
person to use, consume or be affected by the goods in this state:
Provided, That he
or she 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
or her.
(c) At the time of filing a complaint 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, with surety to be approved by said clerk,
conditioned that on failure of the plaintiff to prevail in the
action or proceeding that he
or she will reimburse the defendant,
or cause him
or her 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
or her 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
herself or his
or her 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
or her 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
or her 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
or her hands from
such service. The secretary of state shall keep a record in his
or her 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
or her 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 corporation.$50.00
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
two15.00
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
entity25.00
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 authority.25.00
Registration of a general partnership50.00
Registration of a limited partnership150.00
Registration of a limited liability partnership for two-year
term500.00
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
two15.00
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 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 one hundred twenty 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 of a 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
commissions10.00
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 search
5.00
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 . . 1.00
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.
. . . . . . . . . . . . . . . .
1.005.00
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 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 considers 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 , 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.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.