HB-4384, As Passed House, May 26, 2015HB-4384, As Passed Senate, May 26, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4384

A bill to amend 1982 PA 162, entitled

"Nonprofit corporation act,"

by amending section 1060 (MCL 450.3060), as amended by 2014 PA 557.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1060. (1) When delivering a document described in this

subsection to the administrator for filing, the person shall pay

the administrator whichever of the following fees apply to that

document:

(a) Articles of incorporation of a domestic corporation,

$10.00.

(b) An application of a foreign corporation for a certificate

of authority to conduct affairs in this state, $10.00.

domestic corporation, $10.00.

(d) An amended application for certificate of authority to

conduct affairs in this state, $10.00.

(e) A certificate of merger or conversion under chapter 7,

$50.00.

(f) A certificate attesting to the occurrence of a merger of a

foreign corporation under section 1021, $10.00.

(g) A certificate of dissolution, $10.00.

(h) An application for withdrawal and issuance of a

certificate of withdrawal of a foreign corporation, $10.00.

(i) An application for reservation of corporate name, $10.00.

(j) A certificate of assumed name or certificate of

termination of assumed name, $10.00.

(k) A statement of change of registered office or resident

agent, $5.00.

(l) Restated articles of incorporation of a domestic

corporation, $10.00.

(m) A certificate of abandonment, $10.00.

(n) A certificate of correction, $10.00.

(o) A certificate of revocation of dissolution proceedings,

$10.00.

(p) A certificate of renewal of corporate existence, $10.00.

(q) For examining a special report required by law, $2.00.

(r) A certificate of registration of corporate name of a

foreign corporation, $50.00.

(s) A certificate of renewal of registration of corporate name

of a foreign corporation, $50.00.

(t) A certificate of termination of registration of corporate

name of a foreign corporation, $10.00.

(u) For filing a report required under section 911, $10.00 if

paid ~~before October 1, 2003 or~~ after September 30, ~~2015. After~~

~~September 30, 2003 and before~~ 2019. Before October 1, ~~2015,~~ 2019,

the fee is $20.00.

(2) The fees described in subsection (1) are in addition to

any franchise fees prescribed under this act. The administrator

shall not refund all or any part of a fee described in this

section.

(3) Except as provided in subsection (8), the administrator

shall deposit all fees received and collected under this section in

the state treasury to the credit of the administrator, who may only

use the money credited pursuant to legislative appropriation and

only in carrying out those duties of the department required by

law.

(4) A person shall pay a minimum charge of $1.00 for each

certificate and 50 cents per folio to the administrator for

certifying a part of a file or record pertaining to a corporation

if a fee for that service is not described in subsection (1). The

administrator may furnish copies of documents, reports, and papers

required or permitted by law to be filed with the administrator,

and shall charge for those copies the fee established in a schedule

of fees adopted by the administrator with the approval of the state

administrative board. The administrator shall retain the revenue

collected under this subsection, and the department shall use it to

defray the costs for its copying and certifying services.

(5) The administrator shall waive the fee for filing initial

articles of incorporation, otherwise required under subsection (1),

if a majority of the initial members of a membership corporation,

initial directors of a directorship corporation, or initial

shareholders of a stock corporation, as applicable, are, or if

applicable the initial members, initial directors, or initial

shareholders will be, individuals who served in the armed forces

and were separated from that service with an honorable character of

service or under honorable conditions (general) character of

service.

(6) To request a fee waiver under subsection (5), the person

that is submitting the document for filing shall submit both of the

following to the administrator with the document:

(a) A signed affidavit requesting the fee waiver and

certifying that a majority of the initial members of the membership

corporation, initial directors of the directorship corporation, or

initial shareholders of the stock corporation, as applicable, are,

or if applicable the initial members, initial directors, or initial

shareholders will be, individuals who served in the armed forces

and were separated from that service with an honorable character of

service or under honorable conditions (general) character of

service.

(b) Copies of form DD214 or form DD215, or any other form that

is satisfactory to the department, for each individual described in

subsection (5) who is or will be an initial member of the

corporation, initial director of the corporation, or initial

shareholder of the corporation, as applicable.

(7) If a person pays a fee or penalty on behalf of a domestic

or foreign corporation by check and the check is dishonored, the

fee is unpaid and the administrator shall rescind the filing of all