Current Status Bill Number:1159 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980331 Primary Sponsor:Giese All Sponsors:Giese Drafted Document Number:dka\4875mm.98 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Biennial notification of corporation's current registered agent with Secretary of State; Businesses and Corporations
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980331 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING SECTION 33-15-111 AND SECTION 33-31-506, BOTH SO AS TO REQUIRE BIENNIAL FILING OF NOTIFICATION OF ITS CURRENT REGISTERED AGENT BY A CORPORATION WITH THE SECRETARY OF STATE; AND TO AMEND SECTION 33-1-220, AS AMENDED, AND SECTION 33-31-122, BOTH RELATING TO FILING FEES CHARGED BY THE SECRETARY OF STATE, SO AS TO INCLUDE THE TEN-DOLLAR FEE FOR BIENNIAL NOTIFICATION OF A CORPORATION'S CURRENT REGISTERED AGENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 33 of the 1976 Code is amended by adding:
"Section 33-15-111. (A) A corporation, domestic, foreign, nonprofit, professional, or statutory close, must notify the Secretary of State of its current registered agent by delivering to the Secretary of State for filing a statement of notification that includes:
(1) the name of the corporation;
(2) state of incorporation;
(3) the name of its current registered agent; and
(4) the street address of its current registered office.
(B) The notification must be dated and signed by the current registered agent and an officer of the corporation, and filed with the Secretary of State by April 1 of every even-numbered year. The filing fee is ten dollars."
SECTION 2. Title 33 of the 1976 Code is amended by adding:
"Section 33-31-506. (A) A corporation, domestic, foreign, nonprofit, professional, or statutory close, must notify the Secretary of State of its current registered agent by delivering to the Secretary of State for filing a statement of notification that includes:
(1) the name of the corporation;
(2) state of incorporation;
(3) the name of its current registered agent; and
(4) the street address of its current registered office.
(B) The notification must be dated and signed by the current registered agent and an officer of the corporation, and filed with the Secretary of State by April 1 of every even-numbered year. The filing fee is ten dollars."
SECTION 3. Section 33-1-220(a) of the 1976 Code is amended to read:
"(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him for filing:
DOCUMENT FEE
(1) Articles of incorporation$10.00.
(2) Application for use of indistinguishable name$10.00.
(3) Application for reserved name$10.00.
(4) Notice of transfer of reserved name$ 3.00.
(5) Application for registered name$10.00.
(6) Application for renewal of registered name$10.00.
(7) Corporation's statement of change of registered agent or$10.00.
registered office or both
(8) Agent's statement of change of registered office for each$ 2.00.
affected corporation
(9) Agent's statement of resignation$ 3.00.
(10) Biennial notification of the current registered agent$10.00
(10)(11) Amendment of articles of incorporation$10.00.
(11)(12) Restatement of articles of incorporation with amendment of $10.00.
articles
(12)(13) Articles of merger or share exchange$10.00.
(13)(14) Articles of dissolution$10.00.
(14)(15) Articles of revocation of dissolution$10.00.
(15)(16) Certificate of administrative dissolutionNo fee.
(16)(17) Application for reinstatement following administrative $25.00.
dissolution
(17)(18) Certificate of reinstatementNo fee.
(18)(19) Certificate of judicial dissolutionNo fee.
(19)(20) Application for certificate of authority$10.00.
(20)(21) Application for amended certificate of authority$10.00.
(21)(22) Application for certificate of withdrawal$10.00.
(22)(23) Certificate of revocation of authority to transact business No fee.
(23)(24) Annual report--As provided in Section 12-19-20Fee Paid
to Tax
Commission
(24)(25) Articles of correction$10.00.
(25)(26) Application for certificate of existence or authorization $ 2.00.
(26)(27) Any other document required or permitted to be$10.00.
filed by this act"
SECTION 4. Section 33-31-122(a) of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing:
(1) Articles of incorporation $25.00
(2) Application for use of indistinguishable name$10.00
(3) Application for reserved name$10.00
(4) Notice of transfer of reserved name$3.00
(5) Application for registered name$10.00
(6) Application for renewal of registered name$10.00
(7) Corporation's statement of change of registered agent or$10.00
registered office or both
(8) Agent's statement of change of registered office for each$2.00
affected corporation
(9) Agent's statement of resignation$3.00
(10) Biennial notification of the current registered agent$10.00
(10)(11) Amendment of articles of incorporation$10.00
(11)(12) Restatement of articles of incorporation with amendments $10.00
(12)(13) Articles of merger$10.00
(13)(14) Articles of dissolution$10.00
(14)(15) Articles of revocation of dissolution$10.00
(15)(16) Certificate of administrative dissolutionNo Fee
(16)(17) Application for reinstatement following administrative $25.00
dissolution
(17)(18) Certificate of reinstatementNo Fee
(18)(19) Certificate of judicial dissolutionNo Fee
(19)(20) Application for certificate of authority$10.00
(20)(21) Application for amended certificate of authority$10.00
(21)(22) Application for certificate of withdrawal $10.00
(22)(23) Certificate of revocation of authority to transact business No Fee
(23)(24) Notice of change of principle office$10.00
(24)(25) Articles of correction$10.00
(25)(26) Application for certificate of existence or authorization $10.00
(26)(27) Notification by existing corporation$10.00
(27)(28) Irrevocable election to be governed$25.00
(28)(29) Any other document required or permitted to be filed by this $10.00
chapter"
SECTION 5. This act takes effect upon approval by the Governor.