H. B. 4579
(By Delegates Kessler, Mahan, Burdiss and Gall)
[Introduced February 15, 2008; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §11-12C-5 of the Code of West Virginia,
1931, as amended, relating to voluntary associations and
nonprofit organizations are exempt from the annual fee of
Secretary of State as attorney-in-fact unless services are
actually rendered.
Be it enacted by the Legislature of West Virginia:
That §11-12C-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12C. CORPORATE LICENSE TAX.
§11-12C-5. Annual fee of Secretary of State as attorney-in-fact.
Every domestic and foreign corporation and every domestic and
foreign limited partnership shall pay an annual fee of twenty-five
dollars for the services of the Secretary of State as
attorney-in-fact for the corporation or limited partnership, which
fee is due and payable at the initial registration of the corporation and limited partnership and every year thereafter with
the same return, collected by the same officers, and accounted for
in the same way as the annual license tax imposed on corporations
under this article:
Provided, That voluntary associations and
nonprofit organizations are exempt from the annual fee established
by this section: Provided, however, That the annual fee
established by this section shall be paid by voluntary associations
and nonprofit organizations if services are actually rendered. The
Tax Commissioner shall deposit one half of all attorney-in-fact
fees collected under this section in the State General Revenue Fund
and one half of the fees in the service fees and collections
account established by section two, article one, chapter fifty-nine
of this code for the operation of the Office of the Secretary of
State. Any balance of attorney-in-fact fees previously collected
by the commissioner on behalf of the Secretary of State as provided
by chapter two hundred five, Acts of the Legislature, regular
session, one thousand nine hundred ninety-two, and remaining in the
account to which those deposits were made by the commissioner on or
before the thirtieth day of June, two thousand one, shall be
transferred to the service fees and collections account established
by section two, article one, chapter fifty-nine of this code for
the operation of the Office of the Secretary of State. The
Secretary of State shall dedicate sufficient resources from that
fund or other funds to provide the services required in this article.
NOTE: The purpose of this bill is to exempt voluntary
associations and nonprofit organizations from the annual fee of
Secretary of State as attorney-in-fact.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.