Official summary
2008 General Session Summary for SF0018
Bill No.:
SF0018
Drafter:
LGC
LSO No.:
08LSO-0030
Effective Date:
1/1/2009
Enrolled Act No.:
<enrnum>
Chapter No.:
<chptnum>
Prime Sponsor:
Joint Corporations, Elections and Political
Subdivisions Interim Committee
Catch Title:
Business entities-revisions.
Subject:
Amends provisions for administrative
dissolution of corporations and revocation of authority for limited liability
companies and foreign corporations.
Summary/Major Elements:
The act
makes it a felony to file a document with the secretary of state and knowingly falsify,
conceal or cover up a material fact, make any materially false, fictitious or
fraudulent statement or representation or make or use any false writing or
document knowing it contains materially false, fictitious or fraudulent
statements.
The act
removes the requirement that the secretary of state publish a notice of
forfeiture of a limited liability company's (LLC) authority to do business and
adds an increased penalty of $250 for failure to maintain a registered agent.
The act
deems an LLC to be transacting business without authority if:
o
A member
signed a document he knew was false or misleading in any material respect;
o
The company
failed to respond to a subpoena;
o
The company
failed to provide records to a registered agent as required by the act;
o
The company
provided fraudulent information to the secretary of state;
o
The company
cannot be served by the secretary of state or the registered agent at its
current address.
The act
provides for administrative dissolution of a corporation or a nonprofit
corporation for various reasons in addition to current law. The act provides
for an additional reinstatement fee if the corporation was administratively
dissolved for failing to maintain a registered agent.
The act
provides for revocation of a foreign corporation's authority to do business if
it has failed to respond to a subpoena and for various additional reasons.