Wyoming - Changes to Notice Requirements Relating to Business Entitites

Effective July 1, 2017, Wyoming House Bill 0023 permits the Wyoming Secretary of State (WY SOS) to send notices via first class mail and/or electronic means—including email—rather than by certified mail. Additionally, the bill allows the WY SOS to return rejected documents within 15 days instead of five days, and eliminates the publication of notice that a LLP’s registration has lapsed.

Nevada - Changes to Apostille/Certification Form

Effective May 1, 2017, the Nevada Secretary of State will no longer process authentication requests without the new Apostille/Certification Order Instructions form completed with the applicant’s signature under the affidavit in the top box. Any apostille request submitted without this signed form will be returned. Furthermore, the state will require the original signed form with a "wet" signature.

California - Changes to Articles of Incorporation - General Stock and Articles of Organization Forms

The California Secretary of State recently made some changes to the “Service of Process” section on the Articles of Incorporation – General Stock and Articles of Organization forms. The revision was made to clarify the requirements for providing either the name and California street address of an individual agent for service of process or the name of a registered corporate agent.

California - FTB Nonprofit Administrative Dissolution/Surrender Notice

Beginning on March 1, 2017, the California Franchise Tax Board (FTB) initiated the first FTB Nonprofit Administrative Dissolution/Surrender Notice period, wherein nonprofit corporations that have had their rights and privileges suspended or forfeited by the FTB for a period of 48 continuous months or more will be administratively dissolved. A list of the nonprofit corporations pending dissolution/surrender is posted on the California Secretary of State website. Each entity included on the list has 60 calendar days (from the date the notice was posted) to object in writing before it will be permanently administratively dissolved/surrendered.

District of Columbia Holiday Closure

All District of Columbia government offices are closed on Monday, April 17th in observance of Emancipation Day.  Although the Washington, DC office will be open during regular business hours, DC specific services are limited.

The following District services will be available: UCC searches with copy retrieval, corporate status searches and name availability.

The following District services will not be available: corporate filings, document retrievals, business license services, UCC filings, apostilles and notary certifications.

Federal Agency and Foreign Embassy services are not affected by this closing.

District offices resume normal business hours on Tuesday, April 18th.

Good Friday Closures - April 14, 2017

Good Friday will be observed on Friday, April 14th in the following States.  Please make note of these States and make plans accordingly.

Kentucky (Half Day)

Connecticut, Delaware, Hawaii, Indiana, Louisiana, New Jersey, North Carolina, North Dakota, Tennessee (Full Day)

 

New York Expedite Fees

Statutory authorization (Sec. 96 (11), Executive Law) for the New York Department of State to offer most levels of expedited service will expire on March 31, 2017 unless authorization is extended.  Legislation extending authorization has been introduced but its enactment by the March 31 deadline was not certain.

Expedited services that would expire are as follows:

  • Same Day Service – all entities
  • 2-Hour Service – all entities
  • 24-Hour Service – Noncorporate entities (i.e. LLCs, LPs, & LLPs)

The above services include filings, except biennial statements, and all requests for plain or certified copies of filed documents.

After the expiration date, the only expedited service that would be available is 24-Hour Service for filings under the Business Corporation Law, Not-For-Profit Corporation Law and General Associations Law and obtaining Good Standing Certificates for all entities.

In past years, the State continued to offer all expedited services even after the expiration deadline despite extending legislation not having been timely enacted.  However, to date, the State has not advised whether it will do so this year.

As a follow up to the information received last week, legislation extending all levels of expedited service has been introduced but still not yet enacted.

However, this morning, the Corporations Division advise that all levels of expedited service will continue uninterrupted for another year, as the legislation is expected to be signed today and will be retroactive to April 1st.

Fee Change in Colorado

The fee charged to out-of-state entities that want to withdraw from doing business in Colorado will be slashed from $125 to $10 effective Saturday, April 1.

Secretary of State Wayne Williams said the reduction reflects the continued efficiency within the office, which over the last six years has reduced a number of filing fees. Williams last October reduced the fee for dissolving in-state businesses from $25 to $10.

This latest fee reduction affects what are known as “foreign entities.” Foreign entities are businesses formed outside of Colorado that intend on doing business in Colorado.

As with the prior reduction for in-state businesses, Williams said one goal in reducing the fee is to have a more accurate business registry. Foreign entities that do not withdraw from doing business continue to be listed in the Secretary of State business database even though they might be delinquent or noncompliant.

As of the beginning of the month, 635,332 entities are in good standing in the Secretary of State website, with 66,413 registered as foreign entities.

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