March 24, 2015, Introduced by Rep. Afendoulis and referred to the Committee on Appropriations.
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.
(c) An amendment to the articles of incorporation of a
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 October 1, 2015, 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
related documents.
(8) The administrator may accept a credit card in lieu of cash
or check as payment of a fee under this act. The administrator
shall determine which credit cards he or she shall accept for
payment.
(9) The administrator may charge a nonrefundable fee of up to
$50.00 for any document submitted or certificate sent by facsimile
or electronic transmission. The administrator shall retain the
revenue collected under this subsection and the department shall
use it in carrying out its duties required by law.
(10) As used in this section, "armed forces" means that term
as defined in section 2 of the veteran right to employment services
act, 1994 PA 39, MCL 35.1092.
Enacting section 1. This amendatory act takes effect October
1, 2015.