June 29, 2005, Introduced by Senators GOSCHKA, GEORGE, CASSIS, CROPSEY, VAN WOERKOM, GILBERT, SANBORN, BISHOP, ALLEN, BIRKHOLZ, BROWN, HARDIMAN, JELINEK, STAMAS, KUIPERS, SIKKEMA, McMANUS and GARCIA and referred to the Committee on Commerce and Labor.
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 that a person is required or
permitted
to be filed file under this act shall
be filed 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
filed under this subsection by means
of facsimile.
or
other
By February 1, 2006,
the administrator shall establish a
procedure for accepting delivery of a document filed under this
subsection by electronic transmission. Beginning February 1, 2006,
a person may file a document under this subsection by electronic
transmission.
(2)
If the a
document filed under subsection (1)
substantially conforms to the requirements of this act, the
administrator shall indorse 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.
(3) The administrator shall prepare and return a true copy of
the
a document
filed under subsection (1), or at his
or her
discretion the original, to the person who submitted it for filing
showing the filing date.
(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 (1) is effective
at the time it is indorsed 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 file a
document required
or permitted to be filed under this act be
described in subsection (1) on a form prescribed by the
administrator.