ENGROSSED
H. B. 4692
(By Delegates Hall, Rowe, Spencer,
Capito, Evans, L. Smith and Border)
[Introduced February 25, 2000; referred to the
Committee on Government Organization then 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 corporation25.00
Agreement of a general partnership50.00
Certificate of a limited partnership100.00
Agreement of a voluntary association50.00
Articles of organization of a business trust50.00
Amendment or correction of articles of incorporation,
including change of name or increase of capital stock, in
addition to any applicable license tax25.00
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 association25.00
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 trust25.00
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 law25.00
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 partnership25.00
Revocation of voluntary dissolution of a corporation,
voluntary association or business trust15.00
Articles of termination of a limited liability company,
cancellation of a limited partnership or statement of withdrawal
of limited liability partnership25.00
Reinstatement of a limited liability company or
professional limited liability company after administrative
dissolution25.00
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 corporation50.00
Certificate of exemption from certificate of
authority25.00
Registration of a general partnership50.00
Registration of a limited partnership150.00
Registration of a limited liability partnership for two-year
term500.00
Registration of a voluntary association50.00
Registration of a trust or business trust50.00
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 tax25.00
Amendment or correction of certificate of limited
partnership, limited liability partnership, limited liability company or professional limited liability company, voluntary
association, or business trust25.00
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 law25.00
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
trust25.00
Articles of merger of two corporations, limited
partnerships, limited liability partnerships, limited liability
companies or professional limited liability companies, voluntary
associations, or business trusts25.00
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
trust25.00
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 law15.00
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 company15.00
For issuing a certificate relating to a corporation or other
business entity, as follows:
Certificate of good standing of a domestic or foreign
corporation10.00
Certificate of existence of a domestic limited liability
company, and certificate of authorization foreign limited
liability company10.00
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 entities15.00
Plus, for each additional amendment, restatement or other
additional document5.00
Certificate of registration of the name of a foreign corporation, limited liability company, limited partnership, or
limited liability partnership25.00
And for the annual renewal of the name registration10.00
Any other certificate not herein specified10.00
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
commissions10.00 $10.00
for the first certificate and $5.00 for each additional
certificate pertaining to the same transaction.
Any other certificate not herein specified10.00
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 law15.00
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 than10.00
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 search10.00
For any search of records maintained on site for the purpose
of obtaining copies of documents or printouts of data5.00
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
prescribed5.00
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 sheet1.00
For each sheet after the first .50
For sending the copies or lists by fax transmission5.00
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 state5.00
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.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.