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Introduced Version House Bill 4579 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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