HB 535 - Several provisions in current law allow the Secretary of State to collect an additional $5 fee on fees for filings relating to business organizations, commercial transactions, and trademarks, names and private emblems to be credited to the state's technology trust fund. These provisions are set to sunset on December 31, 2021. This act extends the sunset provisions to December 31, 2026. This provision is similar to SB 146 (2019) and HB 79 (2019).
The act additionally requires every limited liability company (LLC) and foreign limited liability company (foreign LLC) to file an information statement with the Secretary of State (SOS) once every 5 years, accompanied by a fee of $15, or $5 if filed electronically. The SOS is permitted to administratively cancel the articles of incorporation of an LLC or the registration of a foreign LLC for failure to timely file an information statement. The act provides procedures for allowing a foreign LLC to apply to the SOS to have its registration reinstated following such a cancellation. Procedures are also created allowing an LLC to apply for reinstatement following the erroneous or accidental filing of a notice of winding up or notice of termination. These provisions are substantially similar to provisions in SCS/SB 285 (2019) and HCS/HB 555 (2019).
The act reduces various filing fees imposed on LLC's and certain other limited liability partnerships for filing certain documents with the SOS and provides for reduced fees for filing certain documents in an electronic format. Additionally, the act requires a fee of $95 for filing a withdrawal of an erroneously or accidentally filed notice of winding up or articles of termination.
These provisions are substantially similar to provisions in SCS/SB 285 (2019) and HCS/HB 555 (2019).