H. B. 2230
(By Delegates Hall, Spencer, Evans,
L. Smith and Border)
[Introduced
February 15, 2001
; referred to the
Committee on Finance.]
A BILL to amend and reenact section two, article one, chapter
fifty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to decreasing the fee
for issuing a certificate relating to certain public officers,
including the membership of boards and commissions.
Be it enacted by the Legislature of West Virginia:
That section two, article one, chapter fifty-nine of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-2. Fees to be charged by secretary of state.
Except as may be otherwise provided in this code, the
secretary of state shall charge for services rendered in his or her office the following fees to be paid by the person to whom the
service is rendered at the time it is done:
For filing, recording, indexing, preserving a record of and
issuing a certificate relating to the formation, amendment, change
of name, registration of trade name, merger, consolidation,
conversion, renewal, dissolution, termination, cancellation,
withdrawal revocation and reinstatement of business entities
organized within the state, as follows:
Articles of incorporation of for-profit corporation. . $50.00
Articles of incorporation of nonprofit corporation
25.00
Agreement of a general partnership
50.00
Certificate of a limited partnership
100.00
Agreement of a voluntary association
50.00
Articles of organization of a business trust
50.00
Amendment or correction of articles of incorporation,
including change of name or increase of capital stock, in addition
to any applicable license tax
25.00
Amendment or correction, including change of name, of articles
of organization of business trust, limited liability partnership,
limited liability company or professional limited liability
company, or of certificate of limited partnership or agreement of voluntary association
25.00
Amendment and restatement of articles of incorporation,
certificate of limited partnership, agreement of voluntary
association, or articles of organization of limited liability
partnership, limited liability company or professional limited
liability company, or business trust
25.00
Registration of trade name, otherwise designated as a true
name, fictitious name or D.B.A. (doing business as) name for any
domestic business entity as permitted by law
25.00
Articles of merger of two corporations, limited partnerships,
limited liability partnerships, limited liability companies or
professional limited liability companies, voluntary associations,
or business trusts
25.00
Plus for each additional party to the merger in excess of
two
15.00
Statement of conversion, when permitted, from one business
entity into another business entity, in addition to the cost
of filing the appropriate documents to organize the surviving
entity
25.00
Articles of dissolution of a corporation, voluntary
association or business trust, or statement of dissolution of a general partnership
25.00
Revocation of voluntary dissolution of a corporation,
voluntary association or business trust
15.00
Articles of termination of a limited liability company,
cancellation of a limited partnership or statement of withdrawal of
limited liability partnership
25.00
Reinstatement of a limited liability company or
professional limited liability company after administrative
dissolution
25.00
For filing, recording, indexing, preserving a record of and
issuing a certificate relating to the registration, amendment,
change of name, merger, consolidation, conversion, renewal,
withdrawal or termination within this state of business entities
organized in other states or countries, as follows:
Certificate of authority of for-profit corporation. .
100.00
Certificate of authority of nonprofit corporation
50.00
Certificate of exemption from certificate of
authority
25.00
Registration of a general partnership
50.00
Registration of a limited partnership
150.00
Registration of a limited liability partnership for two-year
term
500.00
Registration of a voluntary association
50.00
Registration of a trust or business trust
50.00
Amendment or correction of certificate of authority of
a foreign corporation, including change of name or increase
of capital stock, in addition to any applicable license
tax
25.00
Amendment or correction of certificate of limited partnership,
limited liability partnership, limited liability company or
professional limited liability company, voluntary association, or
business trust
25.00
Registration of trade name, otherwise designated as a true
name, fictitious name or D.B.A. (doing business as) name for any
foreign business entity as permitted by law
25.00
Amendment and restatement of certificate of authority or of
registration of a corporation, limited partnership, limited
liability partnership, limited liability company or professional
limited liability company, voluntary association, or business
trust
25.00
Articles of merger of two corporations, limited partnerships,
limited liability partnerships, limited liability companies or
professional limited liability companies, voluntary associations, or business trusts
25.00
Plus for each additional party to the merger in excess of
two .
5.00
Statement of conversion, when permitted, from one business
entity into another business entity, in addition to the cost of
filing the appropriate articles or certificate to organize the
surviving entity
25.00
Certificate of withdrawal or cancellation of a corporation,
limited partnership, limited liability partnership, limited
liability company, voluntary association or business
trust
25.00
For receiving, filing and recording a change of the principal
or designated office, change of the agent of process and/or change
of officers, directors, partners, members or managers, as the case
may be, of a corporation, limited partnership, limited liability
partnership, limited liability company or other business entity as
provided by law
15.00
For receiving, filing and preserving a reservation of a name
for each 120 days or for any other period in excess of seven days
prescribed by law for a corporation, limited partnership, limited
liability partnership, or limited liability company
15.00
For issuing a certificate relating to a corporation or other
business entity, as follows:
Certificate of good standing of a domestic or foreign
corporation
10.00
Certificate of existence of a domestic limited liability
company, and certificate of authorization foreign limited liability
company
10.00
Certificate of existence of any business entity, trademark or
service mark registered with the secretary of state
10.00
Certified copy of corporate charter or comparable organizing
documents for other business entities
15.00
Plus, for each additional amendment, restatement or other
additional document
5.00
Certificate of registration of the name of a foreign
corporation, limited liability company, limited partnership, or
limited liability partnership
25.00
And for the annual renewal of the name registration
10.00
Any other certificate not herein specified
10.00
For issuing a certificate other than those relating to business
entities as provided above, as follows:
Certificate or apostille relating to the authority of certain public officers, including the membership of boards and
commissions
10.00
For the first certificate and for each additional certificate
pertaining to the same transaction.5.00
Any other certificate not herein specified
10.00
For acceptance, indexing, recordation and execution of service
of process by certified or registered mail upon any corporation,
limited partnership, limited liability partnership, limited
liability company, voluntary association, business trust,
insurance company, person or other entity as permitted by
law
15.00
For a search of records of the office conducted by employees
of or at the expense of the secretary of state upon request, as
follows:
For any search of archival records maintained at sites other
than the office of the secretary of state, no less than
10.00
For searches of archival records maintained at sites other
than the office of the secretary of state which require more than
one hour, for each hour or fraction thereof consumed in making such
search
10.00
For any search of records maintained on site for the purpose of obtaining copies of documents or printouts of data
5.00
For any search of records maintained in electronic format
which requires special programming to be performed by the state
information services agency or other vendor, any actual cost, but
not less than
25.00
The cost of the search shall be in addition to the cost of any
copies or printouts prepared or any certificate issued pursuant
thereto or based thereon.
For recording any paper for which no specific fee is
prescribed
5.00
For producing and providing photocopies or printouts of
electronic data of specific records upon request, as follows:
For a copy of any paper or printout of electronic data, if one
sheet
1.00
For each sheet after the first
.50
For sending the copies or lists by fax transmission
5.00
For producing and providing photocopies of lists, reports,
guidelines and other documents produced in multiple copies for
general public use, a publication price to be established by the
secretary of state at a rate approximating 2.00 plus .10 per page,
and rounded to the nearest dollar.
For electronic copies of records obtained in data format on
disk, the cost of the record in the least expensive available
printed format, plus, for each required disk, which shall be
provided by the secretary of state
5.00
The secretary of state may promulgate legislative rules for
charges for on-line electronic access to database information or
other information maintained by the secretary of state.
For any other work or service not herein enumerated,
such a
fee as may be elsewhere prescribed.
The records maintained by the secretary of state are prepared
and indexed at the expense of the state, and those records shall
not be obtained for commercial resale without the written agreement
of the state to a contract including reimbursement to the state for
each instance of resale.
The secretary of state may provide printed or electronic
information free of charge as he or she
deems considers necessary
and efficient for the purpose of informing the general public or
the news media.
NOTE: The purpose of this bill is to
change the fee for
issuing a certificate relating to certain public officers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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