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SB-0665, As Passed House, November 9, 2005

SUBSTITUTE FOR

SENATE BILL NO. 665

A bill to amend 1993 PA 23, entitled

"Michigan limited liability company act,"

by amending section 104 (MCL 450.4104), as amended by 2002 PA 686.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 104. (1) A document required or permitted to be filed

under this act shall be ~~filed~~ submitted by delivering the

document to the administrator together with the fees and

accompanying documents required by law. The administrator may

establish ~~procedures~~ a procedure for accepting delivery of a

document submitted under this subsection by ~~means of~~ facsimile or

other electronic transmission. However, by December 31, 2006, the

administrator shall establish a procedure for accepting delivery of

a document submitted under this subsection by electronic mail or

over the internet. Beginning January 1, 2007, the administrator

shall accept delivery of documents submitted by electronic mail or

over the internet.

(2) If ~~the~~ a document submitted under subsection (1)

substantially conforms to the requirements of this act, the

administrator shall ~~indorse~~ endorse upon it the word "filed" with

his or her official title and the date of receipt and of filing,

and shall file and index the document or a photostatic,

micrographic, photographic, optical disc media, or other reproduced

copy in his or her office. If so requested at the time of the

delivery of the document to his or her office, the administrator

shall include the hour of filing in ~~his or her indorsement~~ the

endorsement on the document.

(3) The administrator shall ~~prepare and~~ return a ~~true~~ copy

of ~~the~~ a document filed under subsection (2), or, at his or her

discretion, the original, to the person who submitted it for

filing. ~~showing the filing date.~~ The administrator shall mark the

filing date on the copy or original before returning it or, if the

document was submitted by electronic mail or over the internet, may

provide proof of the filing date to the person who submitted the

document for filing in another manner determined by the

administrator.

(4) The records and files of the administrator relating to

domestic and foreign limited liability companies shall be open to

reasonable inspection by the public. The administrator may maintain

the records or files ~~may be maintained~~ either in their original

form or in a photostatic, micrographic, photographic, optical disc

media, or other reproduced form.

(5) The administrator may make copies of ~~all~~ any documents

filed under this act or any predecessor act by a photostatic,

micrographic, photographic, optical disc media, or other process,

and may destroy the originals of the copied documents. ~~so copied.~~

A photostatic, micrographic, photographic, optical disc media, or

other reproduced copy certified by the administrator, ~~which may be~~

including a copy sent by facsimile or other electronic

transmission, ~~shall be~~ is considered an original for all purposes

and is admissible in evidence in like manner as an original.

(6) ~~The~~ A document filed under subsection (2) is effective

at the time it is ~~indorsed~~ endorsed unless a subsequent effective

time is set forth in the document that is not later than 90 days

after the date of delivery.

(7) The administrator may require that a person submit a

document ~~required or permitted to be filed under this act be~~

described in subsection (1) on a form prescribed by the

administrator.

(8) The administrator shall charge 1 of the following

nonrefundable fees if expedited filing of a document by the

administrator is requested and the administrator shall retain the

revenue collected under this subsection and the department shall

use it to carry out its duties required by law:

(a) For any filing that a person requests the administrator to

complete within 1 hour on the same day as the day of the request,

$1,000.00. The department may establish a deadline by which a

person must submit a request for filing under this subdivision.

(b) For any filing that a person requests the administrator to

complete within 2 hours on the same day as the day of the request,

$500.00. The department may establish a deadline by which a person

must submit a request for filing under this subdivision.

for the filing of any formation or qualification document that a

person requests the administrator to complete on the same day as

the day of the request, $100.00. The department may establish a

deadline by which a person must submit a request for filing under

this subdivision.

(d) Except for a filing request under subdivision (a) or (b),

for the filing of any other document concerning an existing

domestic limited liability company or a qualified foreign limited

liability company that a person requests the administrator to

complete on the same day as the day of the request, $200.00. The

department may establish a deadline by which a person must submit a

request for filing under this subdivision.

(e) For the filing of any formation or qualification document

that a person requests the administrator to complete within 24

hours of the time the administrator receives the request, $50.00.

(f) For the filing of any other document concerning an

existing domestic limited liability company or a qualified foreign

limited liability company that a person requests the administrator

to complete within 24 hours of the time the administrator receives

the request, $100.00.

Enacting section 1. This amendatory act takes effect January

1, 2006.