COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 479
(By Mr. President, Mr. Tomblin, and Delegates Anderson,
Bailey, Bowman, Chafin, Edgell, Facemyer, Jackson,
Love, McCabe, Prezioso, Sharpe, Snyder, Sprouse and Redd)
____________
[Originating in the Committee on Government Organization;
reported March 22, 2001.]
____________
A BILL to amend and reenact section five, article twelve-c,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
section twelve, article four, chapter twenty-nine of said
code; to amend and reenact sections five, nine and fifteen-
b, article nineteen, chapter twenty-nine of said code; to
amend and reenact section seven, article two, chapter
twenty-nine-a of said code; to amend article one, chapter
twenty-nine-c of said code by adding thereto a new section,
designated section one hundred seven; to amend and reenact section one hundred eight, article one, chapter thirty-one-b
of said code; to amend and reenact section two hundred
eleven, article two of said chapter; to amend and reenact
section twelve, article four, chapter thirty-three of said
code; to amend and reenact section five, article six-c,
chapter forty-six-a of said code; to amend and reenact
section seventeen, article two, chapter forty-seven of said
code; to amend and reenact section one, article ten, chapter
forty-seven-b of said code; and to amend and reenact section
two, article one, chapter fifty-nine of said code, all
relating to fees and charges for services of the secretary
of state; and the deposit of those fees.
Be it enacted by the Legislature of West Virginia:
That section five, article twelve-c, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section twelve, article
four, chapter twenty-nine of said code be amended and reenacted;
that sections five, nine and fifteen-b, article nineteen, chapter
twenty-nine of said code be amended and reenacted; that section
seven, article two, chapter twenty-nine-a of said code be amended
and reenacted; that article one, chapter twenty-nine-c of said
code be amended by adding thereto a new section, designated
section one hundred seven; that section one hundred eight, article one, chapter thirty-one-b of said code be amended and
reenacted; that section two hundred eleven, article two of said
chapter be amended and reenacted; that section twelve, article
four, chapter thirty-three of said code be amended and reenacted;
that section five, article six-c, chapter forty-six-a of said
code be amended and reenacted; that section seventeen, article
two, chapter forty-seven of said code be amended and reenacted;
that section one, article ten, chapter forty-seven-b of said code
be amended and reenacted; and that section two, article one,
chapter fifty-nine of said code be amended and reenacted, all to
read as follows:
CHAPTER 11. TAXATION
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 ten
twenty-five dollars for the services of the secretary of state as
attorney-in-fact for such the corporation or limited partnership,
which fee shall be is due and payable at the initial registration
of the corporation and limited partnership and every year
thereafter the same time and 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. The tax commissioner shall pay over to the secretary of state
deposit one-half of all attorney-in-fact fees collected under
this section in the state fund, general revenue, 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 and
such fees shall be used to offset the costs of the secretary of
state for his or her services as attorney-in-fact 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.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS
ARTICLE 4. NOTARIES PUBLIC AND COMMISSIONERS
§29-4-12 Commissioners out of state; qualifications; fee.
The governor, if he deems it proper, may appoint any persons residing within or without this state and within the United
States, its territories or possessions as commissioners to
acknowledge signatures performed in or out of state by persons
residing in or out of the state of West Virginia, covering deeds,
leases and other writings pertaining to West Virginia property
for recordation in the state of West Virginia. Such
commissioners shall hold office for ten years, unless sooner
removed by the governor. Any commissioner in office upon the
effective date of this act shall continue therein until his
and/or her term expires or until sooner removed in the manner
prescribed by law. Before performing any duties as such, the
commissioner shall enter into a bond in the penalty sum of one
thousand dollars with corporate surety to be approved by the
secretary of state and filed in his office. A fee of one hundred
dollars for such commission issued shall be paid to the secretary
of state. All fees and monies collected by the secretary of
state pursuant to the provisions of this article shall be
deposited by the secretary of state as follows: one half shall be
deposited in the state fund, general revenue, and one half shall
be deposited 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. The secretary of state shall dedicate sufficient resources from that fund or other funds to provide the services required
in this article.
ARTICLE 19. SOLICITATION OF CHARITABLE FUNDS ACT
§29-19-5. Registration of charitable organizations; fee.
(a) Every charitable organization, except as provided in
section six of this article, which intends to solicit
contributions within this state or to have funds solicited on its
behalf shall, prior to any solicitation, file a registration
statement with the secretary of state upon forms prescribed by
him or her, which shall be good for one full year and which shall
be refiled in the next and each following year in which such
charitable organization is engaged in solicitation activities. If
an organization discontinues solicitation at any time after its
last registration filing, then it must file a registration
statement reflecting its activities during its last fiscal year
in which solicitation in West Virginia took place. It shall be
the duty of the president, chairman or principal officer of such
charitable organization to file the statements required under
this article. Such statements shall be sworn to and shall contain
the following information:
(1) The name of the organization and the purpose for which it
was organized;
(2) The principal address of the organization and the address of any offices in this state. If the organization does not
maintain an office, the name and address of the person having
custody of its financial records;
(3) The names and addresses of any chapters, branches or
affiliates in this state;
(4) The place where and the date when the organization was
legally established, the form of its organization;
(5) The names and addresses of the officers, directors,
trustees and the principal salaried executive staff officer;
(6) A copy of a balance sheet and a statement or report of
income and expenses for the organization's immediately preceding
fiscal year, or a financial statement reporting information
showing the kind and amount of funds raised during the preceding
fiscal year, the costs and expenses incidental thereto and
showing how the funds were disbursed or allocated for the same
fiscal year: Provided, That for organizations raising more than
fifty thousand dollars per year in contributions, the balance
sheet and income and expense statement, or financial statement
provided, shall be audited by an independent public accountant.
Organizations are required to report the amount of money raised
in the state and the amount spent in the state for charitable
purposes;
(7) A copy of any determination of the organization's tax
exempt status under the provisions of 26 U.S.C. §501(c)(3) and a
copy of the last filed Internal Revenue Service form 990 and
Schedule A for every charitable organization and any parent
organization;
(8) Whether the organization intends to solicit contributions
from the public directly or have such done on its behalf by
others;
(9) Whether the organization is authorized by any other
governmental authority to solicit contributions and whether it is
or has ever been enjoined by any court from soliciting
contributions;
(10) The general purpose or purposes for which the
contributions to be solicited shall be used;
(11) The name or names under which it intends to solicit
contributions;
(12) The names of the individuals or officers of the
organization who will have final responsibility for the custody
of the contributions;
(13) The names of the individuals or officers of the
organization responsible for the final distribution of the
contributions; and
(14) Copies of all contract documentation from professional fund-raising counsels and professional solicitors as provided for
in subsection (d), section seven of this article.
(b) Each chapter, branch or affiliate, except an independent
member agency of a federated fund-raising organization, may
separately report the information required by this section, or
report the information to its parent organization which shall
then furnish such information as to its West Virginia affiliates,
chapters and branches in a consolidated form to the secretary of
state. An independent member agency of a federated fund-raising
organization, as hereinbefore defined, shall comply with the
provisions of this article independently. Each organization shall
file a separate registration form for each name under which funds
will be solicited.
(c) The registration forms and any other documents prescribed
by the secretary of state shall be signed by an authorized
officer or by an independent public accountant and by the chief
fiscal officer of the charitable organization and shall be
verified under oath.
(d) Every charitable organization collecting less than one
million dollars during any year which submits an independent
registration to the secretary of state shall pay an annual
registration fee of fifteen dollars; every charitable
organization collecting more than one million dollars during one year which submits an independent registration to the secretary
of state shall pay an annual registration fee of fifty dollars; a
parent organization filing on behalf of one or more chapters,
branches or affiliates or a single organization filing under
different names shall pay a single annual registration fee of
fifty dollars for itself and such chapters, branches or
affiliates included in the registration statement. All fees and
monies collected by the secretary of state pursuant to the
provisions of this article shall be deposited by the secretary of
state as follows: one half shall be deposited in the state fund,
general revenue, and one half shall be deposited in the services
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.
(e) For good cause shown, the secretary of state may extend
the due date for the annual filing of a registration statement or
report for a period not to exceed ninety days. During such
period, the previously filed registration statement or report of
the charitable organization which has been granted the extension
shall remain in effect.
(f) In addition to the registration fee required by this section, a charitable organization and/or professional fund-
raiser, which fails to file a registration statement or report by
the original or extended due date therefor as required by this
section shall, for each month or part of the month thereafter in
which the same is not filed, pay an additional fee of twenty-five
dollars: Provided, That the total amount of such additional fees
for a registration statement or report required to be filed in
any one year shall not exceed five hundred dollars. Any such
additional fees received shall be paid into the charitable
organizational fund established pursuant to the provisions of
section fifteen-b of this article. All fees and monies collected
by the secretary of state pursuant to the provisions of this
article shall be deposited by the secretary of state as follows:
one half shall be deposited in the state fund, general revenue,
and one half shall be deposited 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 remaining on the
thirtieth day of June, two thousand and one, in the existing
special revenue account entitled "charitable organization fund"
as established by chapter thirty-four, acts of the legislature,
regular session, one thousand nine hundred and ninety two 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 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.
§29-19-9 Registration of professional fund-raising counsel and
professional solicitor; bonds; records; books.
(a) No person may act as a professional fund-raising counsel
or professional solicitor for a charitable organization subject
to the provisions of this article unless he or she has first
registered with the secretary of state. Applications for such
registration shall be in writing under oath or affirmation in the
form prescribed by the secretary of state and contain such
information as he or she may require. The application for
registration by professional fund-raising counsel or professional
solicitor shall be accompanied by an annual fee in the sum of one
hundred dollars. A partnership or corporation, which is a
professional fund-raising counsel or professional solicitor, may
register for and pay a single fee on behalf of all its members,
officer, agents and employees. However, the names and addresses
of all officers, agents and employees of professional fund-
raising counsel and all professional solicitors, their officers,
agents, servants or employees employed to work under the direction of a professional solicitor shall be listed in the
application. All fees and monies collected by the secretary of
state pursuant to the provisions of this article shall be
deposited by the secretary of state as follows: one half shall be
deposited in the state fund, general revenue, and one half shall
be deposited 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. The secretary of state shall dedicate sufficient resources
from that fund or other funds to provide the services required
in this article.
(b) The applicant shall, at the time of the making of an
application, file with and have approved by the secretary of
state a bond in which the applicant shall be the principal
obligor in the sum of ten thousand dollars and which shall have
one or more sureties satisfactory to the secretary of state,
whose liability in the aggregate as such sureties will at least
equal the said sum and maintain said bond in effect so long as a
registration is in effect. The bond shall run to the state for
the use of the secretary of state and any person who may have a
cause of action against the obligor of said bonds for any losses
resulting from malfeasance, nonfeasance or misfeasance in the
conduct of solicitation activities. A partnership or corporation which is a professional fund-raising counsel or professional
solicitor may file a consolidated bond on behalf of all its
members, officers and employees.
(c) Each registration shall be valid throughout the state for
a period of one year and may be renewed for additional one-year
periods upon written application under oath in the form
prescribed by the secretary of state and the payment of the fee
prescribed herein.
(d) The secretary of state or his or her designate shall
examine each application, and if he or she finds it to be in
conformity with the requirements of this article and all relevant
rules and regulations and the registrant has complied with the
requirements of this article and all relevant rules and
regulations, he or she shall approve the registration.
§29-19-15b. Civil penalty for intentional violations.
In any action brought pursuant to the provisions of this
article, if the court finds that intentional violations have
occurred, the state, upon petition to the court and in addition
to any damages awarded any party or parties, may recover attorney
fees and a civil penalty not exceeding three times the amount
collected in such that civil action. Any funds recovered as
provided for in this section and any other funds recovered by the
state as the result of an award for damages, penalties or settlements in enforcing this article, one-half shall be
deposited in the state fund, general revenue, and one-half shall
be paid into the state treasury to the credit of a deposited in
the special revenue fund to be known as the "charitable
organization fund" which is hereby created service fees and
collections account established by section two, article one,
chapter fifty-nine of this code for the operations of the office
of the secretary of state. The moneys so credited to such fund
may be used solely for the purposes of administering and
enforcing the provisions of this article. Any balance remaining
on the thirtieth day of June, two thousand and one in the
existing special revenue account entitled "charitable
organization fund" as established by chapter thirty-four, acts of
the legislature, regular session, one thousand nine hundred
ninety-two, 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
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 2. STATE REGISTER
§29A-2-7. Publication of state register.
(a) The Legislature intends that the secretary of state offer
to the public convenient and efficient access to copies of the
state register or parts thereof of the state register desired by
the citizens. The provisions of this section are enacted in order
to provide a means of doing so pending any other means provided
by law or legislative rule.
(b) All materials filed in the state register shall be indexed
daily in chronological order of filing with a brief description
of the item filed and a columnar cross index to (1) agency and
(2) section, article and chapter of the code to which it relates
and by which it is filed in the state register and (3) such any
other information in the description or cross index as the
secretary of state believes will aid a citizen in using the
chronological index.
(c) To give users of the code of state rules a means to know
whether the rule is being superseded by a version of the rule
that has become effective, but not yet been final-filed,
prepared, proofed and distributed, or may be superseded by a rule
which is being proposed and promulgated pursuant to article three
but not yet become final, the secretary of state shall provide
with each update of the code of state rules, a copy of the rule
monitor and its cross index which shows the rules that have
become effective but not yet distributed and the rules which may be superseded by a rule which is being proposed. The copy of the
rule monitor distributed with the updates of the code of state
rules shall state plainly that this version of the rule monitor
only shows the status of the promulgation of rules as of the date
of distribution of the update of the code of state rules, and
that to obtain the most recent status of the rules, the user
should consult the rule monitor in the most recent publication of
the state register. With the first distribution to the loose leaf
version of the code of state rules the secretary of state shall
also distribute a divider where the current rule monitor shall be
maintained. With the first distribution, the secretary of state
shall also include instructions, with a copy for insertion in or
on the front of each volume of the loose-leaf versions of the
code of state rules, to users on how the rule monitor can be
utilized to determine whether the version of the rule in the code
of state rules is currently in effect. This subsection is not to
be construed to require that subscribers to the updates of the
code of state rules receive a subscription to the state register.
(d) The secretary of state shall cause to be duplicated in
such number as shall be is required, on white paper with two
punches suitable for fastening in two-ring binders, the permanent
biennial state register, the chronological index and other
materials filed in the register, or any part by agency or section, article or chapter for subscription at a cost including
labor, paper and postage, sufficient in his or her judgment to
defray the expense of such duplication. The secretary of state
shall also offer, at least at monthly intervals, supplements to
the published materials listed above in this subsection. Any
subscription for monthly supplements shall be offered annually
and shall include the chronological index and materials related
to such the agency or agencies, or section, article or chapter of
the code as a person may designate. A person may limit the
request to notices only, to notices and rules, or to notices and
proposed rules, or any combination thereof.
(e) Every two years, the secretary of state shall offer for
purchase succeeding biennial permanent state registers which
shall consist of all rules effective on the date of publication
selected by the secretary of state, which date shall be at least
two years from the last such publication date, and materials
filed in the state register relating thereto. The cost of the
succeeding biennial permanent state register and for the portion
relating to any agency or any section, article or chapter of the
code which may be designated by a person purchasing the same
shall be fixed in the same manner specified in section eleven of
this article.
(f) The secretary of state may omit from any duplication made pursuant to subsection (e) of this section any rules the
duplication of which would be unduly cumbersome, expensive or
otherwise inexpedient, if a copy of such the rules is made
available from the original filing of such the rule, at a price
not exceeding the cost of duplication, and if the volume from
which such the rule is omitted includes a notice in that portion
of the publication in which the rule would have been located,
stating (1) the general subject matter of the omitted rule, (2)
each section, article and chapter of this code to which the
omitted rule relates, and (3) the means by which a copy of the
omitted rule may be obtained.
(g) The secretary of state may propose changes to the
procedures outlined in the section above subsection (f) of this
section by proposing a legislative rule under the provisions of
section nine, article three of this chapter, but may promulgate
no rules containing those changes unless authorized by the
Legislature pursuant to article three of this chapter.
(h) Beginning the first day of July, two thousand and one, one
half of the fees and amounts collected for the sale of the sate
register, the code of state rules and other copies or data
provided by the division shall be deposited in the state fund,
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 operations of the
office of the secretary of state. Any balance remaining on the
thirtieth day of June, two thousand and one, in the existing
special revenue account entitled "state register" as established
by chapter one hundred twenty-one, acts of the Legislature,
regular session one thousand nine hundred eighty-two, 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.
CHAPTER 29C. UNIFORM NOTARY ACT.
ARTICLE 1. GENERAL PROVISIONS.
§29C-1-107. Disposition of fees.
All fees and monies collected by the secretary of state
pursuant to the provisions of this article shall be deposited by
the secretary of state as follows: one half shall be deposited in
the state fund, general revenue, and one half shall be deposited
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. The secretary
of state shall dedicate sufficient resources from that fund or other funds to provide the services required in this article.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
ARTICLE 1. GENERAL PROVISIONS
§31B-1-108. Designated office and agent for service of process.
(a) A limited liability company and a foreign limited
liability company authorized to do business in this state shall
designate and continuously maintain in this state:
(1) An office, which need not be a place of its business in
this state; and
(2) An agent and street address of the agent for service of
process on the company.
(b) An agent must be an individual resident of this state, a
domestic corporation, another limited liability company or a
foreign corporation or foreign company authorized to do business
in this state.
(c) Every foreign limited liability company and every
domestic limited liability company whose principal place of
business is located outside the state shall pay an annual fee of
ten twenty-five dollars for the services of the secretary of
state as attorney-in-fact for such the limited liability company,
which fee shall be due and payable at the initial registration of
the limited liability company and every year thereafter the same
time that the annual report required under section two hundred eleven, article two of this chapter is due, and such fees shall
be used to offset the costs of the secretary of state for his or
her services as attorney-in-fact one half of each fee shall be
deposited in the state fund, general revenue, 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. The secretary
of state shall dedicate sufficient resources from that fund or
other funds to provide the services required in this chapter.
(d) the secretary of state shall keep a record of all
processes, notices and demands served pursuant to this section
and record the time of and the action taken regarding the
service.
(e) this section does not affect the right to serve process,
notice or demand in any manner otherwise provided by law.
CHAPTER 33. INSURANCE.
ARTICLE 4. GENERAL PROVISIONS.
§33-4-12. Service of process on licensed insurers.
The secretary of state shall be, and is hereby constituted,
the attorney-in-fact of every licensed insurer, domestic,
foreign, or alien, transacting insurance in this state, upon whom
all legal process in any action, suit or proceeding against it
shall be served, and he or she may accept service of such the process. Such process shall be served upon the secretary of
state, or accepted by him or her, in the same manner as provided
for service of process upon unlicensed insurers under
subdivisions (2) and (3) of subsection (b) of section thirteen of
this article. Each licensed insurer shall pay to the secretary of
state an annual fee of ten twenty-five dollars for services as
authorized agent for service of process, which shall be used to
offset the costs of the secretary of state for his or her
services as attorney-in-fact one half of which shall be deposited
in the state fund, general revenue, 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.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT
AND PROTECTION ACT.
ARTICLE 6C. CREDIT SERVICES ORGANIZATIONS.
§46A-6C-5. Registration.
(a) A credit services organization shall file a registration
statement with the secretary of state before conducting business
in this state. The registration statement must contain:
(1) The name and address of the credit services organization;
and
(2) The name and address of any person who directly or indirectly owns or controls ten percent or more of the outstanding shares of
stock in the credit services organization.
(b) The registration statement must also contain either:
(1) A full and complete disclosure of any litigation or
unresolved complaint filed with a governmental authority of this
state relating to the operation of the credit services
organization; or
(2) A notarized statement that states that there has been no
litigation or unresolved complaint filed with a governmental
authority of this state relating to the operation of the credit
services organization.
(c) The credit services organization shall update the
statement not later than the ninetieth day after the date on
which a change in the information required in the statement
occurs.
(d) Each credit services organization registering under this
section shall maintain a copy of the registration statement in
the files of the credit services organization. The credit
services organization shall allow a buyer to inspect the
registration statement on request.
(e) The secretary of state may charge each credit services
organization that files a registration statement with the
secretary of state a reasonable fee not to exceed one hundred dollars to cover the cost of filing. The secretary of state may
not require a credit services organization to provide information
other than that provided in the registration statement. All fees
and monies collected by the secretary of state pursuant to the
provisions of this article shall be deposited by the secretary of
state as follows: one half shall be deposited in the state fund,
general revenue, and one half shall be deposited 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. The secretary of state shall
dedicate sufficient resources from that fund or other funds to
provide the services required in this article.
(f) The bond or surety account shall be maintained until two
years after the date that the credit services organization ceases
operations.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 2. TRADEMARKS IN GENERAL.
§47-2-17. Fees.
(a) The secretary shall charge the following fees for services
provided pursuant to the provisions of this article:
(1) For an application fee and for a renewal fee, fifty
dollars; and
(2) For recording any instrument specified in section seven of this article, twenty-five dollars.
(b) All fees One half of each fee shall be deposited in the
state fund, general revenue and one half of the fee shall be
deposited in a special account in the state treasury.
Expenditures from said account shall be for the purposes set
forth in this article and are not authorized from collections but
are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article
three, chapter twelve of this code and upon the fulfillment of
the provisions set forth in article two, chapter five-a of this
code: Provided, that for the fiscal year ending the thirtieth day
of June, one thousand nine hundred ninety-seven, expenditures are
authorized from collections rather than pursuant to an
appropriation by the Legislature. Amounts collected which are
found from time to time to exceed the funds needed for purposes
set forth in this article may be transferred to other accounts or
funds and redesignated for other purposes by appropriation of the
Legislature 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 remaining on the thirtieth day of June, two thousand one
in the existing special revenue account entitled "trademarks" as
established by chapter two hundred forty-nine, acts of the Legislature, regular session one thousand nine hundred ninety-
six, 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 require in this article.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
ARTICLE 10. LIMITED LIABILITY PARTNERSHIPS.
§47B-10-1. Registered limited liability partnerships.
(a) To become a registered limited liability partnership, a
partnership shall file with the secretary of state a statement of
registration stating the name of the partnership; the address of
its principal office; if the partnership's principal office is
not located in this state, the address of a registered office and
the name and address of a registered agent for service of process
in this state, which the partnership will be required to
maintain; a brief statement of the business in which the
partnership engages; any other matters that the partnership
determines to include; and that the partnership thereby registers
as a registered limited liability partnership.
(b) The registration shall be executed by one or more partners
authorized to execute a registration.
(c) The registration shall be accompanied by a fee of two
hundred fifty dollars.
(d) The secretary of state shall register as a registered
limited liability partnership any partnership that submits a
completed registration with the required fee.
(e) A partnership registered under this section shall pay, in
each year following the year in which its registration is filed,
on a date specified by the secretary of state, an annual fee of
five hundred dollars. The fee must be accompanied by a notice, on
a form provided by the secretary of state, of any material
changes in the information contained in the partnership's
registration.
(f) Registration is effective:
(1) Immediately after the date a registration is filed; or
(2) On a date specified in the statement of registration,
which date shall not be more than sixty days after the date of
filing.
(g) Registration remains effective until:
(1) It is voluntarily withdrawn by filing with the secretary
of state a statement of withdrawal; or
(2) Thirty days after receipt by the partnership of a notice
from the secretary of state, which notice shall be sent by
certified mail, return receipt requested, that the partnership has failed to make timely payment of the annual fee specified in
subsection (e) of this section, unless the fee is paid within
such a thirty-day period.
(h) The status of a partnership as a registered limited
liability partnership and the liability of the partners thereof
shall not be affected by:
(1) Errors in the information contained in a statement of
registration under subsection (a) of this section or notice under
subsection (e) of this section; or
(2) Changes after the filing of such statement of registration
or notice in the information stated in the registration or
notice.
(i) The secretary of state shall provide forms for the
statement of registration under subsection (a) of this section or
a notice under subsection (e) of this section.
(j) All fees and monies collected by the secretary of state
pursuant to the provisions of this article shall be deposited by
the secretary of state as follows: one half shall be deposited in
the state fund, general revenue, and one half shall be deposited
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. The secretary
of state shall dedicate sufficient resources from that fund or other funds to provide the services required in this article.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;
NEWSPAPERS; LEGAL ADVERTISEMENTS.
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
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 corporation50.00
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 corporation100.00
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
Any other certificate not herein specified10.00
For acceptance, indexing, and 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
Plus, for shipping and handling expenses for execution of
service of process by certified mail upon any such defendant
within the United States, which fee is to be deposited to the
special revenue account established in this section for the
operation of the office of the secretary of state. 5.00
Or plus, for shipping and handling expenses for execution of
service of process upon any such defendant outside the United
States by registered mail, which fee is to be deposited to the
special revenue account established in this section for the
operation of the office of the secretary of state. 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 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
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.
There is hereby established in the state treasury a special
revenue account to be known as the "service fees and collections"
account. Expenditures from said account shall be used for the
operation of the office of the secretary of state and are not
authorized from collections, but are to be made only in
accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve
of this code, and upon the fulfillment of the provisions set
forth in article two, chapter five-a of this code: Provided, That
for the fiscal year ending the thirtieth day of June, two
thousand two, expenditures are authorized from collections rather
than pursuant to an appropriation by the Legislature.
Notwithstanding any other provision of this code, one-half of all
the fees and service charges established in the following
sections and for the following purposes shall be deposited by the
secretary of state or other collecting agency to that special
revenue account and used for the operation of the office of the
secretary of state;
The annual attorney-in-fact fee for corporations and limited
partnerships established in section five, article twelve-c
chapter eleven;
The fees received for the sale of the state register, code
of state rules and other copies established by rule and
authorized by section seven, article two, chapter twenty-nine a;
The registration fees, late fees and legal settlements
charged for registration and enforcement of the charitable
organizations and professional solicitations established in
sections five, nine and fifteen-b, article nineteen, chapter twenty-nine;
The annual attorney-in-fact fee for limited liability
companies as designated in section one hundred eight, article
one, chapter thirty-one-b and established in section two hundred
eleven, article two, chapter thirty-one-b;
The filing fees and search and copying fees for uniform
commercial code transactions established by section five hundred
twenty-five, article nine, chapter forty-six;
The annual attorney-in-fact fee for licensed insurers
established in section twelve, article four, chapter thirty-
three;
The fees for the application and record maintenance of all
notaries public established by section one hundred and seven,
article one, chapter twenty-nine-c;
The fees for the application and record maintenance of
commissioners for West Virginia as established by section twelve,
article four, chapter twenty-nine;
The fees for registering credit service organizations as
established by section five, article six-c, chapter forty six-a.;
The fees for registering and renewing a West Virginia
limited liability partnership as established by section one,
article ten, chapter forty-seven-b;
The filing fees for the registration and renewal of trademarks and service marks established in section seventeen,
article two, chapter forty-seven;
All fees for services, the sale of photocopies and data
maintained at the expense of the secretary of state as provided
in this section; and
All registration, license, and other fees collected by the
secretary of state not specified herein.
Any balance in the service fees and collections account
established by this section which exceeds five hundred thousand
dollars as of the thirtieth day of June, two thousand three, and
each year thereafter, shall be expired to the state fund,
general revenue.
NOTE: The purpose of the bill is to revise selected charges
for services at a fair rate designed to offset the cost to the
state of the services provided, and to simplify and combine
revenue accounts and deposit one half of all affected revenues to
the general fund and one half of revenue to one special revenue
account to provide adequate funding for the operation of the
Office of the Secretary of State.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.