H. B. 4057
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 19, 2004; referred to the
Committee on Finance.]
A BILL to repeal §11-12C-1, §11-12C-2, §11-12C-3, §11-12C-4,
§11-12C-5, §11-12C-6, §11-12C-7, §11-12C-8, §11-12C-9,
§11-12C-10, §11-12C-11 and §11-12C-12 of the code of West
Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §31D-5-501a; to amend and
reenact §31D-14-1420 of said code; to amend and reenact
§31D-15-1530 of said code; to amend said code by adding
thereto a new section, designated §31E-5-501a; to amend and
reenact §31E-13-1320 of said code; to amend and reenact
§31E-14-1430 of said code; to amend said code by adding
thereto a new section, designated §47-9-8a; to amend and
reenact §47-9A-4 of said code; and to amend and reenact
§59-1-2 of said code, all relating to repealing the corporate
license fee; the filing of an annual report by domestic and foreign corporations; annual registration fee; administrative
dissolution; revocation for failure to do so; filing of an
annual report by domestic and foreign nonprofit corporations;
annual registration fee; administrative dissolution or
revocation for failure to do so; filing of an annual report by
domestic and foreign limited partnerships; annual registration
fee; application of the requirement of the filing of an annual
report together; annual registration fee for corporations to
voluntary associations and business trusts; preservation of
the attorney-in-fact fee; preserving the dedication of half of
the attorney-in-fact fee to the special revenue account used
for the operation of the office of the secretary of state.
Be it enacted by the Legislature of West Virginia:
That §11-12C-1, §11-12C-2, §11-12C-3, §11-12C-4, §11-12C-5,
§11-12C-6, §11-12C-7, §11-12C-8, §11-12C-9, §11-12C-10, §11-12C-11
and §11-12C-12 of the code of West Virginia, 1931, as amended, be
repealed; that said code be amended by adding thereto a new
section, designated §31D-5-501a; that §31D-14-1420 of said code be
amended and reenacted; that §31D-15-1530 of said code be amended
and reenacted; that said code be amended by adding thereto a new
section, designated §31E-5-501a; that §31E-13-1320 of said code be
amended and reenacted; that §31E-14-1430 of said code be amended
and reenacted; that said code be amended by adding thereto a new section, designated §47-9-8a; that §47-9A-4 of said code be amended
and reenacted; and that §59-1-2 of said code be amended and
reenacted, all to read as follows:
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION.
ARTICLE 5. OFFICE AND AGENT.
§31D-5-501a. Annual report of domestic and foreign corporations.
(a) Each domestic and foreign corporation authorized to
transact business in this State shall file within the time
prescribed by this chapter an annual report setting forth:
(1) The name of the corporation, the address of its principal
office and the state or county under whose laws it is incorporated;
(2) The names and mailing addresses of its officers and
directors;
(3) The name and address of the person on whom notice of
process may be served;
(4) The name and address of the corporation's parent
corporation and of each subsidiary the corporation licensed to do
business in this state;
(5) The county code in which the principal office address or
mailing address of the corporation is located in;
(6) The business class code of the corporation; and
(7) Any other information the secretary of state considers
appropriate.
(b) Notwithstanding any other provision of the law to the
contrary, the secretary of state shall, upon request of another
disclose;
(1) The address of the corporation's principal office;
(2) The names and addresses of its officers and directors;
(3) The name and mailing address of the person on whom notice
of process may be served;
(4) The name and address of each subsidiary of the corporation
and the corporation's parent corporation;
(5) The county code in which the principal address or mailing
address of the company is located; and
(6) The business code.
(c) The report shall be made on forms furnished by the
secretary of state.
(d) The annual report of a domestic or foreign corporation
shall be filed with the secretary of state by the fifteenth day of
the third month following the end of the corporation's fiscal year.
If the report appears to be incomplete or inaccurate, the secretary
of state shall return it for correction or explanation. At the
discretion of the secretary of state, the annual report due date
may be extended on a monthly basis for a period of not less than
one month nor more than eleven months, at the request of the
registered agent of record or as may be necessary to distribute annual report due dates of corporations as equally as practicable
throughout the year on a monthly basis.
(e) Every domestic corporation and every foreign corporation
authorized to do business in this state will pay an annual
registration fee of fifty dollars, which will be submitted to the
secretary of state together with and by the due date of the annual
report required by section (a) of this section. The annual
registration fee will be deposited in the general revenue fund of
the state.
ARTICLE 14. DISSOLUTION.
§31D-14-1420. Grounds for administrative dissolution.
The secretary of state may commence a proceeding under section
one thousand five hundred twenty-one of this article to
administratively dissolve a corporation if:
(1) The corporation does not pay within sixty days after they
were due any franchise taxes or penalties imposed by this chapter
or other law;
(2) The corporation does not
file its annual report or pay its
annual registration fee required by section five hundred one-a,
article five of this chapter within sixty days after the due date
or does not notify the secretary of state within sixty days that
its registered agent or registered office has been changed, that its registered agent has resigned or that its registered office has
been discontinued; or
(3) The corporation's period of duration stated in its
articles of incorporation expires.
ARTICLE 15. FOREIGN CORPORATIONS.
§31D-15-1530. Grounds for revocation.
The secretary of state may commence a proceeding under section
one thousand five hundred thirty-one of this article to revoke the
certificate of authority of a foreign corporation authorized to
transact business in this state if:
(1) The foreign corporation does not pay within sixty days
after they are due any franchise taxes or penalties imposed by this
chapter or other law;
(2) The foreign corporation does not
file its annual report or
pay its annual registration fee required by section five hundred
one-a, article five of this chapter within sixty days after the due
date or inform the secretary of state under section one thousand
five hundred eight or one thousand five hundred nine of this
article that its registered agent or registered office has changed,
that its registered agent has resigned or that its registered
office has been discontinued within sixty days of the change,
resignation or discontinuance;
(3) An incorporator, director, officer or agent of the foreign corporation signed a document he or she knew was false in any
material respect with intent that the document be delivered to the
secretary of state for filing; or
(4) The secretary of state receives a duly authenticated
certificate from the secretary of state or other official having
custody of corporate records in the state or country under whose
law the foreign corporation is incorporated stating that it has
been dissolved or disappeared as the result of a merger.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATIONS.
ARTICLE 5. OFFICE AND AGENT.
§31E-5-501a. Annual report of domestic and foreign corporation.
(a) Each domestic and foreign corporation authorized to
conduct activities in this State shall file within the time
prescribed by this chapter an annual report setting forth:
(1) The name of the corporation, the address of its principal
office and the state or county under whose laws it is incorporated;
(2) The names and mailing addresses of its officers and
directors;
(3) The name and address of the person on whom notice of
process may be served;
(4) The county code in which the principal office address or
mailing address of the corporation is located in;
(5) Any other information the secretary of state considers appropriate.
(b) Notwithstanding any other provision of the law to the
contrary, the secretary of state shall, upon request of another
disclose;
(1) The address of the corporation's principal office;
(2) The names and addresses of its officers and directors;
(3) The name and mailing address of the person on whom notice
of process may be served;
(4) The county code in which the principal address or mailing
address of the company is located.
(c) The report shall be made on forms furnished by the
secretary of state.
(d) The annual report of a domestic or foreign corporation
shall be filed with the Secretary of State by the fifteenth day of
the third month following the end of the corporation's fiscal year.
If the report appears to be incomplete or inaccurate, the secretary
of state shall return it for correction or explanation. At the
discretion of the secretary of state, the annual report due date
may be extended on a monthly basis for a period of not less than
one month nor more than eleven months, at the request of the
registered agent of record or as may be necessary to distribute
annual report due dates of corporations as equally as practicable
throughout the year on a monthly basis.
(e) Every domestic corporation and every foreign corporation
authorized to do business in this State will pay an annual
registration fee of fifty dollars, which will be submitted to the
secretary of state together with and by the due date of the annual
report required by subsection (a) of this section. The annual
registration fee will be deposited in the general revenue fund of
the state.
ARTICLE 13. DISSOLUTION.
§31E-13-1320. Grounds for administrative dissolution.
The secretary of state may commence a proceeding under section
one thousand three hundred twenty-one of this article to
administratively dissolve a corporation if:
(1) The corporation does not pay within sixty days after they
are due any franchise taxes or penalties imposed by this chapter or
other law;
(2) The corporation does not
file its annual report or pay its
annual registration fee required by section five hundred one-a,
article five of this chapter within sixty days after the due date
or notify the secretary of state within sixty days that its
registered agent or registered office has been changed, that its
registered agent has resigned, or that its registered office has
been discontinued; or
(3) The corporation's period of duration stated in its articles of incorporation expires.
ARTICLE 14. FOREIGN CORPORATIONS
§31E-14-1430. Grounds for revocation.
The secretary of state may commence a proceeding under section
one thousand four hundred thirty-one of this article to revoke the
certificate of authority of a foreign corporation authorized to
conduct activities in this state if:
(1) The foreign corporation does not pay within sixty days
after they are due any franchise taxes or penalties imposed by this
chapter or other law;
(2) The foreign corporation does not
file its annual report or
pay its annual registration fee required by section five hundred
one-a, article five of this chapter within sixty days after the due
date or inform the secretary of state under sections one thousand
four hundred eight or one thousand four hundred nine of this
article that its registered agent or registered office has changed,
that its registered agent has resigned, or that its registered
office has been discontinued within sixty days of the change,
resignation, or discontinuance;
(3) An incorporator, director, officer, or agent of the
foreign corporation signed a document he or she knew was false in
any material respect with intent that the document be delivered to
the secretary of state for filing; or
(4) The secretary of state receives a duly authenticated
certificate from the secretary of state or other official having
custody of corporate records in the state or country under whose
law the foreign corporation is incorporated stating that it has
been dissolved or disappeared as the result of a merger.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 9. UNIFORM LIMITED PARTNERSHIP ACT.
§47-9-8a. Annual report of limited partnership.
(a) Each domestic and foreign limited partnership authorized
to conduct affairs or to do or conduct business in this state shall
file within the time prescribed by this chapter an annual report
setting forth:
(1) The name of the partnership;
(2) The address of its principal office;
(3) The name and mailing address of each general partner;
(4) The name and address of the agent on whom service of
process may be served;
(5) Any other information the secretary of state considers
appropriate.
(b) Notwithstanding any other provision of the law to the
contrary, the secretary of state shall, upon request of another
disclose:
(1) The address of the partnership;
(2) The names and addresses of its general partners;
(3) The name and mailing address of the person on whom service
or notice of process may be served;
(c) The report shall be made on forms furnished by the
secretary of state.
(d) The annual report of a domestic or foreign partnership
shall be filed with the secretary of state by the fifteenth day of
the third month following the end of the partnership's fiscal year.
If the report appears to be incomplete or inaccurate, the secretary
of state shall return it for correction or explanation. At the
discretion of the secretary of state, the annual report due date
may be extended on a monthly basis for a period of not less than
one month nor more than eleven months, at the request of the
registered agent of record or as may be necessary to distribute
annual report due dates of partnerships as equally as practicable
throughout the year on a monthly basis.
(e) Every domestic partnership and every foreign partnership
authorized to do business in this state will pay an annual
registration fee of fifty dollars, which will be submitted to the
secretary of state together with and by the due date of the annual
report required by section (a) of this section. The annual
registration fee will be deposited in the general revenue fund of
the state.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 9A. VOLUNTARY ASSOCIATIONS AND BUSINESS TRUSTS.
§47-9A-4. Application of laws relating to corporations; name of
business trust or voluntary association; adoption and
use of trade name and seal; amendment of declaration,
articles or agreement; change of agent for service of
process, trustees, and members; dissolution; filing.
(a) Unless otherwise specifically provided in this article, any
business trust or voluntary association conducting business in this
state is subject to the laws of this state with respect to
corporations, including laws relating to license fees and all other
taxes,
and to the filing of annual reports and payment of annual
registration fees, to the extent such laws are applicable.
(b) The name of any business trust or voluntary association
applying for registration shall meet the requirements for corporate
names set forth in section four hundred one, article four, chapter
thirty-one-d or section four hundred one, chapter thirty-one-e of
this code, except that the name shall not contain the words
"incorporated," "corporation," "limited," or any abbreviation of
these terms.
(c) Any business trust or voluntary association may use a trade
name upon complying with the provisions of section four, article
eight, chapter forty-seven of this code. Any business trust or voluntary association may adopt and use a common seal.
(d) Upon the adoption of an amendment to the declaration,
articles or agreement of trust of a business trust or the agreement
of association
of or a voluntary association, the business trust or
voluntary association shall file one executed original copy of the
amendment, and may contain the notarized signature of at least one
trustee of the business trust or at least one organizer or member
of the voluntary association, with the office of the secretary of
state.
(e) Upon any change of trustees, organizers, members or other
persons previously recorded as having authority to act on behalf of
the business trust or voluntary association, or upon any change of
the agent of the business trust or voluntary association for
service of process, a business trust or voluntary association shall
file notice of the change with the secretary of state.
(f) Upon the determination of the majority of trustees of a
business trust or a majority of members of a voluntary association
that the business trust or voluntary association shall be
dissolved, and after all debts, liabilities and obligations of the
business trust or voluntary association have been paid and
discharged, the business trust or voluntary association shall
distribute all of the remaining assets of the business trust or
voluntary association and file articles of dissolution with the secretary of state in the manner provided for corporations in
section one thousand four hundred three, article fourteen, chapter
thirty-one-d, or section one thousand three hundred three, article
thirteen, chapter thirty-one-e of this code. Upon verification by
the appropriate state agencies that the business trust or voluntary
association has paid all taxes, assessments and fees due to the
state, the secretary of state shall file it and deliver to the
voluntary association or business trust or its representative a
receipt for the record and the fees.
(g) A business trust or voluntary association organized outside
the state and registered to do business within this state may
withdraw from the state in the manner provided for corporations in
section one thousand five hundred twenty, article fifteen, chapter
thirty-one-d or section one thousand four hundred twenty, article
fourteen, chapter thirty-one-e of this code.
(h) No document required to be filed by this section shall be
filed with the secretary of state unless the trustee of the
business trust or the organizer or member of the voluntary
association is currently authorized as such.
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.
(a) Except as may be otherwise provided in 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:
(1) 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:
(A) Articles of incorporation of for-profit
corporation$50.00
(B) Articles of incorporation of nonprofit
corporation25.00
(C) Articles of organization of limited
liability company100.00
(D) Agreement of a general partnership50.00
(E) Certificate of a limited partnership100.00
(F) Agreement of a voluntary association50.00
(G) Articles of organization of a business trust50.00
(H) Amendment or correction of articles of
incorporation, including change of name or increase
of capital stock, in addition to any applicable
license tax25.00
(I) 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
(J) 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
(K) 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
(L) 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
(M) Plus for each additional party to the merger
in excess of two. . . .15.00
(N) 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
(O) Articles of dissolution of a corporation,
voluntary association or business trust, or statement
of dissolution of a general partnership25.00
(P) Revocation of voluntary dissolution of a
corporation, voluntary association or business trust15.00
(Q) Articles of termination of a limited liability
company, cancellation of a limited partnership or statement
of withdrawal of limited liability partnership25.00
(R) Reinstatement of a limited liability company or
professional limited liability company after administrative
dissolution25.00
(2) 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:
(A) Certificate of authority of for-profit
corporation$100.00
(B) Certificate of authority of nonprofit
corporation50.00
(C) Certificate of authority of foreign limited
liability companies150.00
(D) Certificate of exemption from certificate
of authority25.00
(E) Registration of a general partnership50.00
(F) Registration of a limited partnership150.00
(G) Registration of a limited liability
partnership for two-year term500.00
(H) Registration of a voluntary association50.00
(I) Registration of a trust or business trust50.00
(J) 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
(K) 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
(L) 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
(M) 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
(N) 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
(O) Plus for each additional party to the merger
in excess of two5.00
(P) 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
(Q) Certificate of withdrawal or cancellation of
a corporation, limited partnership, limited liability
partnership, limited liability company, voluntary
association or business trust25.00
(3) For receiving, filing and recording a change
of the principal or designated office, change of the
agent of process and/or change of officers, directors,
partners, members or managers, as the case may be, of
a corporation, limited partnership, limited liability
partnership, limited liability company or other business
entity as provided by law15.00
(4) 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
(5) For issuing a certificate relating to a corporation or
other business entity, as follows:
(A) Certificate of good standing of a domestic
or foreign corporation$10.00
(B) Certificate of existence of a domestic limited
liability company, and certificate of authorization
foreign limited liability company10.00
(C) Certificate of existence of any business
entity, trademark or service mark registered with
the secretary of state 10.00
(D) Certified copy of corporate charter or
comparable organizing documents for other business
entities15.00
(E) Plus, for each additional amendment, restatement
or other additional document5.00
(F) Certificate of registration of the name of a
foreign corporation, limited liability company, limited
partnership or limited liability partnership25.00
(G) And for the annual renewal of the name
registration10.00
(H) Any other certificate not specified in this
subdivision10.00
(6) For issuing a certificate other than those relating to
business entities, as provided in this subsection, as follows:
(A) Certificate or apostille relating to the
authority of certain public officers, including the
membership of boards and commissions$10.00
(B) Plus, for each additional certificate
pertaining to the same transaction5.00
(C) Any other certificate not specified in
this subdivision10.00
(D) For acceptance, indexing and recordation of
service of process 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
(E) For shipping and handling expenses for execution
of service of process by certified mail upon any defendant
within the United States, which fee is to be deposited
to the special revenue account established in this
section for the operation of the office of the secretary
of state.5.00
(F) For shipping and handling expenses for execution
of service of process upon any defendant outside the
United States by registered mail, which fee is to be
deposited to the special revenue account established
in this section for the operation of the office of
the secretary of state.15.00
(7) 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:
(A) For any search of archival records maintained
at sites other than the office of the secretary of
state, no less than$10.00
(B) 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 of an hour consumed in making such search10.00
(C) For any search of records maintained on site
for the purpose of obtaining copies of documents or
printouts of data5.00
(D) 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 than25.00
(E) The cost of the search is in addition to the
cost of any copies or printouts prepared or any
certificate issued pursuant to or based on the search.
(F) For recording any paper for which no specific
fee is prescribed5.00
(8) For producing and providing photocopies or printouts of
electronic data of specific records upon request, as follows:
(A) For a copy of any paper or printout of electronic
data, if one sheet$1.00
(B) For each sheet after the first .50
(C) For sending the copies or lists by fax
transmission5.00
(D) 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.
(E) For electronic copies of records obtained in
data format on disk, the cost of the record in the
least expensive available printed format, plus, for
each required disk, which shall be provided by the
secretary of state5.00
(b) The secretary of state may propose legislative rules for
promulgation for charges for on-line electronic access to database
information or other information maintained by the secretary of
state.
(c) For any other work or service not enumerated in this
subsection, the fee prescribed elsewhere in this code or a rule
promulgated under the authority of this code.
(d) 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.
(e) 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.
(f) Every domestic and foreign corporation and every domestic and limited partnership shall pay an annual fee of twenty-five
dollars for the services of the secretary of state as
attorney-in-fact for the corporation or limited partnership, which
fee is due and payable at the initial registration of the
corporation or limited partnership and every year thereafter
together with the annual report registration fee required under
section five hundred one-a, article five, chapter thirty-one-d of
this code for corporations, section five hundred one-a, article
five, chapter thirty-one-e of this code for nonprofit corporations,
and section eight-a, article nine, chapter forty-seven of this code
for domestic and limited partnerships.
(f) (g) There is hereby continued in the state treasury a
special revenue account to be known as the "service fees and
collections" account. Expenditures from the account shall be used
for the operation of the office of the secretary of state and are
not authorized from collections, but are to be made only in
accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon the fulfillment of the provisions set forth in article
two, chapter five-a of this code. Notwithstanding any other
provision of this code, one half of all the fees and service
charges established in the following sections and for the following
purposes shall be deposited by the secretary of state or other collecting agency to that special revenue account and used for the
operation of the office of the secretary of state:
(1)
The annual attorney-in-fact fee for corporations and
limited partnerships established in section five, article twelve-c,
chapter eleven of this code The annual attorney-in-fact fee for
corporations and limited partnerships established in subsection
two-f of this section;
(2) The fees received for the sale of the state register, code
of state rules and other copies established by rule and authorized
by section seven, article two, chapter twenty-nine-a of this code;
(3) The registration fees, late fees and legal settlements
charged for registration and enforcement of the charitable
organizations and professional solicitations established in
sections five, nine and fifteen-b, article nineteen, chapter
twenty-nine of this code;
(4) The annual attorney-in-fact fee for limited liability
companies as designated in section one hundred eight, article one,
chapter thirty-one-b of this code and established in section two
hundred eleven, article two of said chapter;
(5) The filing fees and search and copying fees for uniform
commercial code transactions established by section five hundred
twenty-five, article nine, chapter forty-six of this code;
(6) The annual attorney-in-fact fee for licensed insurers established in section twelve, article four, chapter thirty-three
of this code;
(7) The fees for the application and record maintenance of all
notaries public established by section one hundred seven, article
one, chapter twenty-nine-c of this code;
(8) The fees for the application and record maintenance of
commissioners for West Virginia as established by section twelve,
article four, chapter twenty-nine of this code;
(9) The fees for registering credit service organizations as
established by section five, article six-c, chapter forty-six-a of
this code;
(10) The fees for registering and renewing a West Virginia
limited liability partnership as established by section one,
article ten, chapter forty-seven-b of this code;
(11) The filing fees for the registration and renewal of
trademarks and service marks established in section seventeen,
article two, chapter forty-seven of this code;
(12) All fees for services, the sale of photocopies and data
maintained at the expense of the secretary of state as provided in
this section; and
(13) All registration, license and other fees collected by the
secretary of state not specified in this section.
(g) (h) Any balance in the service fees and collections account established by this section which exceeds five hundred
thousand dollars as of the thirtieth day of June, two thousand
three, and each year thereafter, shall be expired to the state
fund, general revenue fund.
NOTE: This bill would repeal the annual corporate license
fee set forth in West Virginia Code §11-12C and replaces it with an
annual report and annual registration fee of $50 to be paid by
corporations, nonprofit corporations, limited partnerships, and
voluntary associations and business trusts. The bill also
preserves the attorney-in-fact fee for corporations, partnerships,
voluntary associations and business trusts previously assessed
under the corporate license fee law in West Virginia Code §11-12C.
§31D-5-501a, §31E-5-501a and §47-9-8a are new; therefore,
strike-throughs and underscoring have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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