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House
File
2678
-
Enrolled
House
File
2678
AN
ACT
PROVIDING
FOR
CERTAIN
PERSONS
ACTING
UNDER
THE
JURISDICTION
OF
THE
SECRETARY
OF
STATE,
INCLUDING
BY
PROVIDING
FOR
INFORMATION
FROM
REQUIRED
FILINGS,
AND
THE
ADMINISTRATIVE
DISSOLUTION
OF
CERTAIN
ENTITIES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
PARTNERSHIPS
Section
1.
Section
486A.1205,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
If
Except
as
provided
in
subsection
5,
if
a
document
delivered
to
the
office
of
the
secretary
of
state
for
filing
satisfies
the
requirements
of
section
486A.1201
,
the
secretary
of
state
shall
file
it
and
issue
any
necessary
certificate.
Sec.
2.
Section
486A.1205,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
a.
The
secretary
of
state
may
require
a
document
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
document
is
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
486A.1214A.
House
File
2678,
p.
2
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
Sec.
3.
NEW
SECTION
.
486A.1214A
Statement
of
removal
——
removal
of
information
not
authorized
to
be
provided.
1.
a.
A
person
whose
name,
street
address,
mailing
address,
or
email
address
has,
without
that
person’s
authorization,
been
provided
to
the
secretary
of
state
as
that
of
the
registered
agent
or
of
the
principal
office
in
a
partnership’s
filing
may
deliver
to
the
secretary
of
state
a
notarized,
sworn
affidavit
of
unauthorized
use
that
does
all
of
the
following:
(1)
Identifies
the
partnership
registration
by
name
and
business
number.
(2)
Indicates
the
affiant’s
mailing
address.
(3)
States
that
neither
the
affiant
nor
any
agent
of
the
affiant
has
authorized
the
filing
identifying
the
affiant
as
the
registered
agent,
providing
the
affiant’s
street
address
or
mailing
address
as
an
address
of
the
registered
agent
or
principal
office,
or
providing
the
affiant’s
email
address
as
that
of
the
registered
agent.
b.
The
affiant
shall
specify
in
the
affidavit
of
unauthorized
use
the
information
that
was
not
authorized
to
be
provided.
c.
The
secretary
of
state
may
reject
an
affidavit
that
is
incomplete
or
that
the
secretary
of
state
believes
was
delivered
to
the
secretary
of
state
with
the
intent
to
harass
or
defraud
the
partnership
or
the
individual
named
as
affiant.
d.
The
office
of
the
secretary
of
state
shall
adopt
an
affidavit
of
unauthorized
use
form
in
accordance
with
this
section.
2.
The
secretary
of
state
shall
conduct
an
administrative
review
to
determine
whether
the
filing
was
authorized
to
identify
the
stated
information
as
applicable.
3.
If
the
secretary
of
state
concludes
that
the
filing
was
not
authorized
to
provide
the
information
identified
in
the
affidavit,
the
secretary
of
state
shall
promptly
file
a
statement
of
removal
with
respect
to
the
identified
information,
and
shall
promptly
cause
the
identified
House
File
2678,
p.
3
information
to
cease
to
be
listed
as
identified
for
the
partnership.
4.
The
secretary
of
state
shall
not
charge
a
fee
for
the
filing
of
an
affidavit
of
unauthorized
use
under
subsection
1
or
a
statement
of
removal
under
subsection
3.
The
filing
office
shall
not
return
any
fee
paid
for
filing
the
partnership
filing
identified
in
the
affidavit.
5.
Upon
filing
a
statement
of
removal,
the
secretary
of
state
shall
send
to
the
principal
office
address
or
registered
agent’s
mailing
address
on
record
for
the
partnership,
if
any,
a
notice
stating
that
the
statement
of
removal
has
been
filed
and
is
effective
immediately.
The
notice
shall
also
state
that
the
partnership
is
without
a
registered
agent
or
registered
agent
address,
as
applicable.
6.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
4.
NEW
SECTION
.
486A.1214B
Interrogatories.
1.
a.
The
secretary
of
state
may
serve
one
or
more
written
interrogatories
regarding
any
matter
that
pertains
to
a
partnership
and
that
is
within
the
purview
of
the
secretary
of
state
if
the
secretary
of
state
receives
credible
information
that
a
partnership
is
being
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
486A.1214A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
2.
The
secretary
of
state
shall
serve
such
interrogatories
on
the
partnership
that
is
the
subject
of
the
interrogatories
by
mail
at
the
address
of
the
registered
agent
that
appears
on
the
secretary
of
state’s
records
at
the
time
the
information
required
by
subsection
1
is
received,
or
if
the
partnership
has
no
registered
agent,
at
the
partnership’s
principal
office
address
shown
on
the
partnership’s
most
recent
filing.
3.
The
interrogatories
must
be
answered
by
a
person
with
House
File
2678,
p.
4
the
authority
to
answer
on
behalf
of
the
partnership
that
is
the
subject
of
the
interrogatories.
Each
interrogatory
must
be
answered
in
writing
separately
and
in
a
manner
that
is
responsive
to
the
interrogatory.
The
declaration
on
the
completed
interrogatories
form
must
be
signed
by
a
person
with
the
authority
to
sign
on
behalf
of
the
partnership.
4.
To
be
considered
responsive,
the
completed
and
signed
interrogatories
form
must
be
received
by
the
secretary
of
state
by
mail
or
in-person
delivery
within
twenty-one
calendar
days
after
the
form
was
mailed.
5.
A
response
to
any
interrogatory
that
indicates
to
the
secretary
of
state
that
the
partnership
violated
any
provision
of
this
chapter
constitutes
the
partnership’s
concession
to
such
violation.
6.
A
failure
to
respond
to
any
interrogatory
within
the
allotted
time
constitutes
the
partnership’s
concession
that
the
partnership
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories.
7.
If
the
secretary
of
state
receives
a
response
to
each
interrogatory
that
indicates
to
the
secretary
of
state
that
the
partnership
has
not
violated
any
provision
of
this
chapter,
the
secretary
of
state
shall
take
no
action.
8.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
DIVISION
II
LIMITED
PARTNERSHIPS
Sec.
5.
Section
488.206,
subsection
1,
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
A
record
authorized
or
required
to
be
delivered
to
the
secretary
of
state
for
filing
under
this
chapter
must
be
captioned
to
describe
the
record’s
purpose,
contain
the
information
required
by
this
chapter
but
may
include
other
information
as
well,
and
be
in
a
medium
permitted
by
the
secretary
of
state.
The
document
must
be
typewritten
or
printed.
If
the
document
is
electronically
transmitted,
it
must
be
in
a
format
that
can
be
retrieved
or
reproduced
in
typewritten
or
printed
form.
The
document
must
be
delivered
to
the
office
of
the
secretary
of
state
for
filing.
Delivery
may
be
made
by
electronic
transmission
if
and
to
the
extent
House
File
2678,
p.
5
permitted
by
the
secretary
of
state.
The
secretary
of
state
may
adopt
rules
for
the
electronic
filing
of
documents
and
the
certification
of
electronically
filed
documents.
If
it
is
filed
in
typewritten
or
printed
form
and
not
transmitted
electronically,
the
secretary
of
state
may
require
an
exact
or
conformed
copy
to
be
delivered
with
the
document.
Unless
Except
as
provided
in
subsection
6,
unless
the
secretary
of
state
determines
that
a
record
does
not
comply
with
the
filing
requirements
of
this
chapter
,
and
if
all
filing
fees
have
been
paid,
the
secretary
of
state
shall
file
the
record
and
perform
all
of
the
following:
Sec.
6.
Section
488.206,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
a.
The
secretary
of
state
may
require
a
record
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
record
is
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
488.210A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
Sec.
7.
NEW
SECTION
.
488.210A
Statement
of
removal
——
removal
of
information
not
authorized
to
be
provided.
1.
a.
A
person
whose
name,
street
address,
mailing
address,
or
email
address
has,
without
that
person’s
authorization,
been
provided
to
the
secretary
of
state
as
that
of
the
registered
agent
or
of
the
principal
office
in
a
limited
partnership’s
filing
may
deliver
to
the
secretary
of
state
a
notarized,
sworn
affidavit
of
unauthorized
use
that
does
all
of
the
following:
(1)
Identifies
the
limited
partnership
registration
by
name
and
business
number.
(2)
Indicates
the
affiant’s
mailing
address.
(3)
States
that
neither
the
affiant
nor
any
agent
of
the
affiant
has
authorized
the
filing
identifying
the
affiant
as
House
File
2678,
p.
6
the
registered
agent,
providing
the
affiant’s
street
address
or
mailing
address
as
an
address
of
the
registered
agent
or
principal
office,
or
providing
the
affiant’s
email
address
as
that
of
the
registered
agent.
b.
The
affiant
shall
specify
in
the
affidavit
of
unauthorized
use
the
information
that
was
not
authorized
to
be
provided.
c.
The
secretary
of
state
may
reject
an
affidavit
of
unauthorized
use
that
is
incomplete
or
that
the
secretary
of
state
believes
was
delivered
to
the
secretary
of
state
with
the
intent
to
harass
or
defraud
the
limited
partnership
or
the
individual
named
as
affiant.
d.
The
office
of
the
secretary
of
state
shall
adopt
an
affidavit
of
unauthorized
use
form
in
accordance
with
this
section.
2.
The
secretary
of
state
shall
conduct
an
administrative
review
to
determine
whether
the
filing
was
authorized
to
identify
the
stated
information
as
applicable.
3.
If
the
secretary
of
state
concludes
that
the
filing
was
not
authorized
to
provide
the
information
identified
in
the
affidavit,
the
secretary
of
state
shall
promptly
file
a
statement
of
removal
with
respect
to
the
identified
information,
and
shall
promptly
cause
the
identified
information
to
cease
to
be
listed
as
identified
for
the
limited
partnership.
4.
The
secretary
of
state
shall
not
charge
a
fee
for
the
filing
of
an
affidavit
of
unauthorized
use
under
subsection
1
or
a
statement
of
removal
under
subsection
3.
The
filing
office
shall
not
return
any
fee
paid
for
filing
the
limited
partnership
filing
identified
in
the
affidavit.
5.
Upon
filing
a
statement
of
removal,
the
secretary
of
state
shall
send
to
the
principal
office
address
or
registered
agent’s
mailing
address
on
record
for
the
limited
partnership,
if
any,
a
notice
stating
that
the
statement
of
removal
has
been
filed
and
is
effective
immediately.
The
notice
shall
also
state
that
the
limited
partnership
is
without
a
registered
agent
or
registered
agent
address,
as
applicable.
6.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
House
File
2678,
p.
7
Sec.
8.
NEW
SECTION
.
488.210B
Interrogatories.
1.
a.
The
secretary
of
state
may
serve
one
or
more
written
interrogatories
regarding
any
matter
that
pertains
to
a
limited
partnership
and
that
is
within
the
purview
of
the
secretary
of
state
if
the
secretary
of
state
receives
credible
information
that
a
limited
partnership
is
being
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
488.210A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
2.
The
secretary
of
state
shall
serve
such
interrogatories
on
the
limited
partnership
that
is
the
subject
of
the
interrogatories
by
mail
at
the
address
of
the
registered
agent
that
appears
on
the
secretary
of
state’s
records
at
the
time
the
information
required
by
subsection
1
is
received,
or
if
the
limited
partnership
has
no
registered
agent,
at
the
limited
partnership’s
principal
office
address
shown
on
the
limited
partnership’s
most
recent
biennial
report
filed
with
the
secretary
of
state.
3.
The
interrogatories
must
be
answered
by
a
person
with
the
authority
to
answer
on
behalf
of
the
limited
partnership
that
is
the
subject
of
the
interrogatories.
Each
interrogatory
must
be
answered
in
writing
separately
and
in
a
manner
that
is
responsive
to
the
interrogatory.
The
declaration
on
the
completed
interrogatories
form
must
be
signed
by
a
person
with
the
authority
to
sign
on
behalf
of
the
limited
partnership.
4.
To
be
considered
responsive,
the
completed
and
signed
interrogatories
form
must
be
received
by
the
secretary
of
state
by
mail
or
in-person
delivery
within
twenty-one
calendar
days
after
the
form
was
mailed.
5.
A
response
to
any
interrogatory
that
indicates
to
the
secretary
of
state
that
the
limited
partnership
violated
any
provision
of
this
chapter
constitutes
the
limited
partnership’s
concession
to
such
violation.
House
File
2678,
p.
8
6.
A
failure
to
respond
to
any
interrogatory
within
the
allotted
time
constitutes
the
limited
partnership’s
concession
that
the
partnership
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories.
7.
If
the
secretary
of
state
receives
a
response
to
each
interrogatory
that
indicates
to
the
secretary
of
state
that
the
limited
partnership
has
not
violated
any
provision
of
any
chapter,
the
secretary
of
state
shall
take
no
action.
8.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
9.
Section
488.809,
subsections
1,
2,
and
3,
Code
2026,
are
amended
to
read
as
follows:
1.
The
Except
as
provided
in
subsection
6,
the
secretary
of
state
may
dissolve
a
limited
partnership
administratively
if
the
limited
partnership
does
not,
within
sixty
days
after
the
due
date,
do
any
of
the
following:
a.
Pay
any
fee,
tax,
or
penalty
under
this
chapter
or
other
law
due
the
secretary
of
state.
b.
Deliver
its
biennial
report
to
the
secretary
of
state.
2.
If
Except
as
provided
in
subsection
6,
if
the
secretary
of
state
determines
that
a
ground
exists
for
administratively
dissolving
a
limited
partnership,
the
secretary
of
state
shall
file
a
record
of
the
determination
and
serve
the
limited
partnership
with
a
copy
of
the
filed
record.
3.
If
Except
as
provided
in
subsection
6,
if
within
sixty
days
after
service
of
the
copy
the
limited
partnership
does
not
correct
each
ground
for
dissolution
or
demonstrate
to
the
reasonable
satisfaction
of
the
secretary
of
state
that
each
ground
determined
by
the
secretary
of
state
does
not
exist,
the
secretary
of
state
shall
administratively
dissolve
the
limited
partnership
by
preparing,
signing,
and
filing
a
declaration
of
dissolution
that
states
the
grounds
for
dissolution.
The
secretary
of
state
shall
serve
the
limited
partnership
with
a
copy
of
the
filed
declaration.
Sec.
10.
Section
488.809,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
If
the
limited
partnership
concedes
that
the
limited
partnership
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
interrogatories
served
House
File
2678,
p.
9
on
the
limited
partnership
pursuant
to
section
488.210B,
the
secretary
of
state
may
immediately
dissolve
the
limited
partnership
administratively
by
preparing,
signing,
and
filing
a
declaration
of
dissolution
that
states
the
grounds
for
the
dissolution.
The
secretary
of
state
shall
serve
the
limited
partnership
with
a
copy
of
the
filed
declaration.
DIVISION
III
LIMITED
LIABILITY
COMPANIES
Sec.
11.
Section
489.210,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
The
Except
as
provided
in
subsection
7,
the
secretary
of
state
shall
file
a
record
delivered
to
the
secretary
of
state
for
filing
which
satisfies
this
chapter
.
The
duty
of
the
secretary
of
state
under
this
section
is
ministerial.
Sec.
12.
Section
489.210,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
a.
The
secretary
of
state
may
require
a
record
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
record
is
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
489.212A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
Sec.
13.
NEW
SECTION
.
489.212A
Statement
of
removal
——
removal
of
information
not
authorized
to
be
provided.
1.
a.
A
person
whose
name,
street
address,
mailing
address,
or
email
address
has,
without
that
person’s
authorization,
been
provided
to
the
secretary
of
state
as
that
of
the
registered
agent
or
of
the
principal
office
in
a
limited
liability
company
or
foreign
limited
liability
company
filing
may
deliver
to
the
secretary
of
state
a
notarized,
sworn
affidavit
of
unauthorized
use
that
does
all
of
the
following:
(1)
Identifies
the
limited
liability
company
or
foreign
House
File
2678,
p.
10
limited
liability
company
registration
by
name
and
business
number.
(2)
Indicates
the
affiant’s
mailing
address.
(3)
States
that
neither
the
affiant
nor
any
agent
of
the
affiant
has
authorized
the
filing
identifying
the
affiant
as
the
registered
agent,
providing
the
affiant’s
street
address
or
mailing
address
as
an
address
of
the
registered
agent
or
principal
office,
or
providing
the
affiant’s
email
address
as
that
of
the
registered
agent.
b.
The
affiant
shall
specify
in
the
affidavit
of
unauthorized
use
the
information
that
was
not
authorized
to
be
provided.
c.
The
secretary
of
state
may
reject
an
affidavit
of
unauthorized
use
that
is
incomplete
or
that
the
secretary
of
state
believes
was
delivered
to
the
secretary
of
state
with
the
intent
to
harass
or
defraud
the
limited
liability
company
or
foreign
limited
liability
company
or
the
individual
named
as
affiant.
d.
The
office
of
the
secretary
of
state
shall
adopt
an
affidavit
of
unauthorized
use
form
in
accordance
with
this
section.
2.
The
secretary
of
state
shall
conduct
an
administrative
review
to
determine
whether
the
filing
was
authorized
to
identify
the
stated
information
as
applicable.
3.
If
the
secretary
of
state
concludes
that
the
filing
was
not
authorized
to
provide
the
information
identified
in
the
affidavit,
the
secretary
of
state
shall
promptly
file
a
statement
of
removal
with
respect
to
the
identified
information,
and
shall
promptly
cause
the
identified
information
to
cease
to
be
listed
as
identified
for
the
limited
liability
company
or
foreign
limited
liability
company.
4.
The
secretary
of
state
shall
not
charge
a
fee
for
the
filing
of
an
affidavit
of
unauthorized
use
under
subsection
1
or
a
statement
of
removal
under
subsection
3.
The
filing
office
shall
not
return
any
fee
paid
for
filing
the
limited
liability
company
or
foreign
limited
liability
company
filing
identified
in
the
affidavit.
5.
Upon
filing
a
statement
of
removal,
the
secretary
of
state
shall
send
to
the
principal
office
address
or
registered
House
File
2678,
p.
11
agent’s
mailing
address
on
record
for
the
limited
liability
company
or
foreign
limited
liability
company,
if
any,
a
notice
stating
that
the
statement
of
removal
has
been
filed
and
is
effective
immediately.
The
notice
shall
also
state
that
the
company
is
without
a
registered
agent
or
registered
agent
address,
as
applicable.
6.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
14.
NEW
SECTION
.
489.212B
Interrogatories.
1.
a.
The
secretary
of
state
may
serve
one
or
more
written
interrogatories
regarding
any
matter
that
pertains
to
a
limited
liability
company
or
foreign
limited
liability
company
and
that
is
within
the
purview
of
the
secretary
of
state
if
the
secretary
of
state
receives
credible
information
that
a
company
is
being
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
488.212A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
2.
The
secretary
of
state
shall
serve
such
interrogatories
on
the
limited
liability
company
or
foreign
limited
liability
company
that
is
the
subject
of
the
interrogatories
by
mail
at
the
address
of
the
registered
agent
that
appears
on
the
secretary
of
state’s
records
at
the
time
the
information
required
by
subsection
1
is
received,
or
if
the
company
has
no
registered
agent,
at
the
company’s
principal
office
address
shown
on
the
company’s
most
recent
biennial
report
filed
with
the
secretary
of
state.
3.
The
interrogatories
must
be
answered
by
a
person
with
the
authority
to
answer
on
behalf
of
the
limited
liability
company
or
foreign
limited
liability
company
that
is
the
subject
of
the
interrogatories.
Each
interrogatory
must
be
answered
in
writing
separately
and
in
a
manner
that
is
responsive
to
the
interrogatory.
The
declaration
on
the
House
File
2678,
p.
12
completed
interrogatories
form
must
be
signed
by
a
person
with
the
authority
to
sign
on
behalf
of
the
company.
4.
To
be
considered
responsive,
the
completed
and
signed
interrogatories
form
must
be
received
by
the
secretary
of
state
by
mail
or
in-person
delivery
within
twenty-one
calendar
days
after
the
form
was
mailed.
5.
A
response
to
any
interrogatory
that
indicates
to
the
secretary
of
state
that
the
limited
liability
company
or
foreign
limited
liability
company
violated
any
provision
of
this
chapter
constitutes
the
company’s
concession
to
such
violation.
6.
A
failure
to
respond
to
any
interrogatory
within
the
allotted
time
constitutes
the
limited
liability
company’s
or
foreign
limited
liability
company’s
concession
that
the
company
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories.
7.
If
the
secretary
of
state
receives
a
response
to
each
interrogatory
that
indicates
to
the
secretary
of
state
that
the
limited
liability
company
or
foreign
limited
liability
company
has
not
violated
any
provision
of
this
chapter,
the
secretary
of
state
shall
take
no
action.
8.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
15.
Section
489.708,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
The
limited
liability
company
or
foreign
limited
liability
company
concedes
that
the
company
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
company
pursuant
to
section
489.212B.
Sec.
16.
Section
489.709,
subsections
1
and
2,
Code
2026,
are
amended
to
read
as
follows:
1.
If
the
secretary
of
state
determines
that
one
or
more
grounds
exist
under
section
489.708
,
subsections
1
through
5,
for
dissolving
a
limited
liability
company,
the
secretary
of
state
shall
serve
the
company
with
written
notice
of
such
determination
under
section
489.119
.
2.
If
Except
as
specified
in
subsection
5,
if
the
limited
liability
company
does
not
correct
each
ground
for
dissolution
House
File
2678,
p.
13
or
demonstrate
to
the
reasonable
satisfaction
of
the
secretary
of
state
that
each
ground
determined
by
the
secretary
of
state
does
not
exist
within
sixty
days
after
service
of
the
notice
under
section
489.119
,
the
secretary
of
state
shall
administratively
dissolve
the
company
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
and
serve
a
copy
on
the
company
under
section
489.119
.
Sec.
17.
Section
489.709,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
If
the
limited
liability
company
or
foreign
limited
liability
company
concedes
that
the
company
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
company
pursuant
to
section
489.212B,
the
secretary
of
state
may
immediately
administratively
dissolve
the
company
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
and
serve
a
copy
on
the
company
under
section
489.119.
DIVISION
IV
BUSINESS
CORPORATIONS
Sec.
18.
Section
490.125,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
If
Except
as
provided
in
subsection
5,
if
a
document
delivered
to
the
office
of
the
secretary
of
state
for
filing
satisfies
the
requirements
of
section
490.120
,
the
secretary
of
state
shall
file
it.
Sec.
19.
Section
490.125,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
a.
The
secretary
of
state
may
require
a
record
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
document
is
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
House
File
2678,
p.
14
490.1621A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
Sec.
20.
Section
490.1420,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
The
corporation
concedes
that
the
corporation
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
corporation
pursuant
to
section
490.1621B.
Sec.
21.
Section
490.1421,
subsections
1
and
2,
Code
2026,
are
amended
to
read
as
follows:
1.
If
the
secretary
of
state
determines
that
one
or
more
grounds
exist
under
section
490.1420
,
subsections
1
through
5,
for
dissolving
a
corporation,
the
secretary
of
state
shall
serve
the
corporation
with
written
notice
of
such
determination
under
section
490.504
.
2.
If
Except
as
specified
in
subsection
5,
the
corporation
does
not
correct
each
ground
for
dissolution
or
demonstrate
to
the
reasonable
satisfaction
of
the
secretary
of
state
that
each
ground
determined
by
the
secretary
of
state
does
not
exist
within
sixty
days
after
service
of
the
notice
under
section
490.504
,
the
secretary
of
state
shall
administratively
dissolve
the
corporation
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
and
serve
a
copy
on
the
corporation
under
section
490.504
.
Sec.
22.
Section
490.1421,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
If
the
corporation
concedes
that
the
corporation
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subject
of
the
interrogatories
served
on
the
corporation
pursuant
to
section
490.1621B,
the
secretary
of
state
may
immediately
administratively
dissolve
the
corporation
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
House
File
2678,
p.
15
and
serve
a
copy
on
the
corporation
under
section
490.504.
Sec.
23.
NEW
SECTION
.
490.1621A
Statement
of
removal
——
removal
of
information
not
authorized
to
be
provided.
1.
a.
A
person
whose
name,
street
address,
mailing
address,
or
email
address
has,
without
that
person’s
authorization,
been
provided
to
the
secretary
of
state
as
that
of
the
registered
agent
or
of
the
principal
office
in
a
domestic
or
foreign
corporation
filing
may
deliver
to
the
secretary
of
state
a
notarized,
sworn
affidavit
of
unauthorized
use
that
does
all
of
the
following:
(1)
Identifies
the
domestic
or
foreign
corporation
registration
by
name
and
business
number.
(2)
Indicates
the
affiant’s
mailing
address.
(3)
States
that
neither
the
affiant
nor
any
agent
of
the
affiant
has
authorized
the
filing
identifying
the
affiant
as
the
registered
agent,
providing
the
affiant’s
street
address
or
mailing
address
as
an
address
of
the
registered
agent
or
principal
office,
or
providing
the
affiant’s
email
address
as
that
of
the
registered
agent.
b.
The
affiant
shall
specify
in
the
affidavit
of
unauthorized
use
the
information
that
was
not
authorized
to
be
provided.
c.
The
secretary
of
state
may
reject
an
affidavit
of
unauthorized
use
that
is
incomplete
or
that
the
secretary
of
state
believes
was
delivered
to
the
secretary
of
state
with
the
intent
to
harass
or
defraud
the
domestic
or
foreign
corporation
or
the
individual
named
as
affiant.
d.
The
office
of
the
secretary
of
state
shall
adopt
an
affidavit
of
unauthorized
use
form
in
accordance
with
this
section.
2.
The
secretary
of
state
shall
conduct
an
administrative
review
to
determine
whether
the
filing
was
authorized
to
identify
the
stated
information
as
applicable.
3.
If
the
secretary
of
state
concludes
that
the
filing
was
not
authorized
to
provide
the
information
identified
in
the
affidavit,
the
secretary
of
state
shall
promptly
file
a
statement
of
removal
with
respect
to
the
identified
information,
and
shall
promptly
cause
the
identified
information
to
cease
to
be
listed
as
identified
for
the
House
File
2678,
p.
16
domestic
or
foreign
corporation.
4.
The
secretary
of
state
shall
not
charge
a
fee
for
the
filing
of
an
affidavit
of
unauthorized
use
under
subsection
1
or
a
statement
of
removal
under
subsection
3.
The
filing
office
shall
not
return
any
fee
paid
for
filing
the
domestic
or
foreign
corporation
filing
identified
in
the
affidavit.
5.
Upon
filing
a
statement
of
removal,
the
secretary
of
state
shall
send
to
the
principal
office
address
or
registered
agent’s
mailing
address
on
record
for
the
domestic
or
foreign
corporation,
if
any,
a
notice
stating
that
the
statement
of
removal
has
been
filed
and
is
effective
immediately.
The
notice
shall
also
state
that
the
corporation
is
without
a
registered
agent
or
registered
agent
address,
as
applicable.
6.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
24.
NEW
SECTION
.
490.1621B
Interrogatories.
1.
a.
The
secretary
of
state
may
serve
one
or
more
written
interrogatories
regarding
any
matter
that
pertains
to
a
domestic
or
foreign
corporation
and
that
is
within
the
purview
of
the
secretary
of
state
if
the
secretary
of
state
receives
credible
information
that
a
corporation
is
being
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
490.1621A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
2.
The
secretary
of
state
shall
serve
such
interrogatories
on
the
domestic
or
foreign
corporation
that
is
the
subject
of
the
interrogatories
by
mail
at
the
address
of
the
registered
agent
that
appears
on
the
secretary
of
state’s
records
at
the
time
the
information
required
by
subsection
1
is
received,
or
if
the
corporation
has
no
registered
agent,
at
the
corporation’s
principal
office
address
shown
on
the
corporation’s
most
recent
biennial
report
filed
with
the
secretary
of
state.
House
File
2678,
p.
17
3.
The
interrogatories
must
be
answered
by
a
person
with
the
authority
to
answer
on
behalf
of
the
domestic
or
foreign
corporation
that
is
the
subject
of
the
interrogatories.
Each
interrogatory
must
be
answered
in
writing
separately
and
in
a
manner
that
is
responsive
to
the
interrogatory.
The
declaration
on
the
completed
interrogatories
form
must
be
signed
by
a
person
with
the
authority
to
sign
on
behalf
of
the
corporation.
4.
To
be
considered
responsive,
the
completed
and
signed
interrogatories
form
must
be
received
by
the
secretary
of
state
by
mail
or
in-person
delivery
within
twenty-one
calendar
days
after
the
form
was
mailed.
5.
A
response
to
any
interrogatory
that
indicates
to
the
secretary
of
state
that
the
domestic
or
foreign
corporation
violated
any
provision
of
this
chapter
constitutes
the
corporation’s
concession
to
such
violation.
6.
A
failure
to
respond
to
any
interrogatory
within
the
allotted
time
constitutes
the
domestic
or
foreign
corporation’s
concession
that
the
corporation
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories.
7.
If
the
secretary
of
state
receives
a
response
to
each
interrogatory
that
indicates
to
the
secretary
of
state
that
the
domestic
or
foreign
corporation
has
not
violated
any
provision
of
this
chapter,
the
secretary
of
state
shall
take
no
action.
8.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
DIVISION
V
TRADITIONAL
COOPERATIVE
ASSOCIATIONS
Sec.
25.
Section
499.44,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
The
Except
as
provided
in
subsection
6,
the
secretary
of
state
shall
record
all
documents
submitted
to
and
required
to
be
filed
with
the
secretary
of
state
under
this
chapter
.
Sec.
26.
Section
499.44,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
a.
The
secretary
of
state
may
require
a
document
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
document
is
House
File
2678,
p.
18
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
499.50.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
Sec.
27.
NEW
SECTION
.
499.50
Statement
of
removal
——
removal
of
information
not
authorized
to
be
provided.
1.
a.
A
person
whose
name,
street
address,
mailing
address,
or
email
address
has,
without
that
person’s
authorization,
been
provided
to
the
secretary
of
state
as
that
of
the
registered
agent
or
of
the
principal
office
in
an
association
filing
may
deliver
to
the
secretary
of
state
a
notarized,
sworn
affidavit
of
unauthorized
use
that
does
all
of
the
following:
(1)
Identifies
the
association
registration
by
name
and
business
number.
(2)
Indicates
the
affiant’s
mailing
address.
(3)
States
that
neither
the
affiant
nor
any
agent
of
the
affiant
has
authorized
the
filing
identifying
the
affiant
as
the
registered
agent,
providing
the
affiant’s
street
address
or
mailing
address
as
an
address
of
the
registered
agent
or
principal
office,
or
providing
the
affiant’s
email
address
as
that
of
the
registered
agent.
b.
The
affiant
shall
specify
in
the
affidavit
the
information
of
unauthorized
use
that
was
not
authorized
to
be
provided.
c.
The
secretary
of
state
may
reject
an
affidavit
of
unauthorized
use
that
is
incomplete
or
that
the
secretary
of
state
believes
was
delivered
to
the
secretary
of
state
with
the
intent
to
harass
or
defraud
the
association
or
the
individual
named
as
affiant.
d.
The
office
of
the
secretary
of
state
shall
adopt
an
affidavit
of
unauthorized
use
form
in
accordance
with
this
section.
2.
The
secretary
of
state
shall
conduct
an
administrative
House
File
2678,
p.
19
review
to
determine
whether
the
filing
was
authorized
to
identify
the
stated
information
as
applicable.
3.
If
the
secretary
of
state
concludes
that
the
filing
was
not
authorized
to
provide
the
information
identified
in
the
affidavit,
the
secretary
of
state
shall
promptly
file
a
statement
of
removal
with
respect
to
the
identified
information,
and
shall
promptly
cause
the
identified
information
to
cease
to
be
listed
as
identified
for
the
association.
4.
The
secretary
of
state
shall
not
charge
a
fee
for
the
filing
of
an
affidavit
of
unauthorized
use
under
subsection
1
or
a
statement
of
removal
under
subsection
3.
The
filing
office
shall
not
return
any
fee
paid
for
filing
the
association
filing
identified
in
the
affidavit.
5.
Upon
filing
a
statement
of
removal,
the
secretary
of
state
shall
send
to
the
principal
office
address
or
registered
agent’s
mailing
address
on
record
for
the
association,
if
any,
a
notice
stating
that
the
statement
of
removal
has
been
filed
and
is
effective
immediately.
The
notice
shall
also
state
that
the
association
is
without
a
registered
agent
or
registered
agent
address,
as
applicable.
6.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
28.
NEW
SECTION
.
499.51
Interrogatories.
1.
a.
The
secretary
of
state
may
serve
one
or
more
written
interrogatories
regarding
any
matter
that
pertains
to
an
association
and
that
is
within
the
purview
of
the
secretary
of
state
if
the
secretary
of
state
receives
credible
information
that
an
association
is
being
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
499.50.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
2.
The
secretary
of
state
shall
serve
such
interrogatories
House
File
2678,
p.
20
on
the
association
that
is
the
subject
of
the
interrogatories
by
mail
at
the
address
of
the
registered
agent
that
appears
on
the
secretary
of
state’s
records
at
the
time
the
information
required
by
subsection
1
is
received,
or
if
the
association
has
no
registered
agent,
at
the
association’s
principal
office
address
shown
on
the
association’s
most
recent
biennial
report
filed
with
the
secretary
of
state.
3.
The
interrogatories
must
be
answered
by
a
person
with
the
authority
to
answer
on
behalf
of
the
association
that
is
the
subject
of
the
interrogatories.
Each
interrogatory
must
be
answered
in
writing
separately
and
in
a
manner
that
is
responsive
to
the
interrogatory.
The
declaration
on
the
completed
interrogatories
form
must
be
signed
by
a
person
with
the
authority
to
sign
on
behalf
of
the
association.
4.
To
be
considered
responsive,
the
completed
and
signed
interrogatories
form
must
be
received
by
the
secretary
of
state
by
mail
or
in-person
delivery
within
twenty-one
calendar
days
after
the
form
was
mailed.
5.
A
response
to
any
interrogatory
that
indicates
to
the
secretary
of
state
that
the
association
violated
any
provision
of
this
chapter
constitutes
the
association’s
concession
to
such
violation.
6.
A
failure
to
respond
to
any
interrogatory
within
the
allotted
time
constitutes
the
association’s
concession
that
the
association
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories.
7.
If
the
secretary
of
state
receives
a
response
to
each
interrogatory
that
indicates
to
the
secretary
of
state
that
the
association
has
not
violated
any
provision
of
this
chapter,
the
secretary
of
state
shall
take
no
action.
8.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
29.
Section
499.76,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
association
concedes
that
the
association
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
association
pursuant
to
section
599.51.
Sec.
30.
Section
499.77,
subsections
1
and
2,
Code
2026,
are
House
File
2678,
p.
21
amended
to
read
as
follows:
1.
If
the
secretary
of
state
determines
that
one
or
more
grounds
exist
under
section
499.76
,
subsections
1
through
4,
for
dissolving
an
association,
the
secretary
of
state
shall
serve
the
association
by
ordinary
mail
with
written
notice
of
the
secretary
of
state’s
determination
pursuant
to
section
499.75
.
2.
If
Except
as
specified
in
subsection
5,
if
the
association
does
not
correct
each
ground
for
dissolution
or
demonstrate
to
the
reasonable
satisfaction
of
the
secretary
of
state
that
each
ground
determined
by
the
secretary
of
state
does
not
exist
within
sixty
days
after
service
of
the
notice
is
perfected
pursuant
to
section
499.75
,
the
secretary
of
state
shall
administratively
dissolve
the
association
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
and
serve
a
copy
on
the
association
pursuant
to
section
499.75
.
Sec.
31.
Section
499.77,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
If
the
association
concedes
that
it
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
association
pursuant
to
section
499.51,
the
secretary
of
state
may
immediately
administratively
dissolve
the
association
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
and
serve
a
copy
on
the
association
under
section
499.75.
DIVISION
VI
MULTIPLE
HOUSING
COOPERATIVES
Sec.
32.
Section
499A.1,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
a.
The
secretary
of
state
may
require
a
document
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
document
is
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
House
File
2678,
p.
22
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use.
The
secretary
of
state
shall
accept
and
review
an
affidavit
of
unauthorized
use
completed
and
submitted
to
the
secretary
of
state
under
this
section
in
the
same
manner
as
the
secretary
of
state
accepts
and
reviews
a
submitted
affidavit
of
unauthorized
use
under
section
499.50.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
DIVISION
VII
CLOSE
COOPERATIVES
Sec.
33.
Section
501.105,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
a.
The
secretary
of
state
may
require
a
document
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
document
is
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
501.713A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
Sec.
34.
NEW
SECTION
.
501.713A
Statement
of
removal
——
removal
of
information
not
authorized
to
be
provided.
1.
a.
A
person
whose
name,
street
address,
mailing
address,
or
email
address
has,
without
that
person’s
authorization,
been
provided
to
the
secretary
of
state
as
that
of
the
registered
agent
or
of
the
principal
office
in
a
cooperative
filing
may
deliver
to
the
secretary
of
state
a
notarized,
sworn
affidavit
of
unauthorized
use
that
does
all
of
the
following:
(1)
Identifies
the
cooperative
registration
by
name
and
business
number.
(2)
Indicates
the
affiant’s
mailing
address.
House
File
2678,
p.
23
(3)
States
that
neither
the
affiant
nor
any
agent
of
the
affiant
has
authorized
the
filing
identifying
the
affiant
as
the
registered
agent,
providing
the
affiant’s
street
address
or
mailing
address
as
an
address
of
the
registered
agent
or
principal
office,
or
providing
the
affiant’s
email
address
as
that
of
the
registered
agent.
b.
The
affiant
shall
specify
in
the
affidavit
of
unauthorized
use
the
information
that
was
not
authorized
to
be
provided.
c.
The
secretary
of
state
may
reject
an
affidavit
of
unauthorized
use
that
is
incomplete
or
that
the
secretary
of
state
believes
was
delivered
to
the
secretary
of
state
with
the
intent
to
harass
or
defraud
the
cooperative
or
the
individual
named
as
affiant.
d.
The
office
of
the
secretary
of
state
shall
adopt
an
affidavit
of
unauthorized
use
form
in
accordance
with
this
section.
2.
The
secretary
of
state
shall
conduct
an
administrative
review
to
determine
whether
the
filing
was
authorized
to
identify
the
stated
information
as
applicable.
3.
If
the
secretary
of
state
concludes
that
the
filing
was
not
authorized
to
provide
the
information
identified
in
the
affidavit,
the
secretary
of
state
shall
promptly
file
a
statement
of
removal
with
respect
to
the
identified
information,
and
shall
promptly
cause
the
identified
information
to
cease
to
be
listed
as
identified
for
the
cooperative.
4.
The
secretary
of
state
shall
not
charge
a
fee
for
the
filing
of
an
affidavit
of
unauthorized
use
under
subsection
1
or
a
statement
of
removal
under
subsection
3.
The
filing
office
shall
not
return
any
fee
paid
for
filing
the
cooperative
filing
identified
in
the
affidavit.
5.
Upon
filing
a
statement
of
removal,
the
secretary
of
state
shall
send
to
the
principal
office
address
or
registered
agent’s
mailing
address
on
record
for
the
cooperative,
if
any,
a
notice
stating
that
the
statement
of
removal
has
been
filed
and
is
effective
immediately.
The
notice
shall
also
state
that
the
cooperative
is
without
a
registered
agent
or
registered
agent
address,
as
applicable.
House
File
2678,
p.
24
6.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
35.
NEW
SECTION
.
501.713B
Interrogatories.
1.
a.
The
secretary
of
state
may
serve
one
or
more
written
interrogatories
regarding
any
matter
that
pertains
to
a
cooperative
and
that
is
within
the
purview
of
the
secretary
of
state
if
the
secretary
of
state
receives
credible
information
that
a
cooperative
is
being
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
501.713A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
2.
The
secretary
of
state
shall
serve
such
interrogatories
on
the
cooperative
that
is
the
subject
of
the
interrogatories
by
mail
at
the
address
of
the
registered
agent
that
appears
on
the
secretary
of
state’s
records
at
the
time
the
information
required
by
subsection
1
is
received,
or
if
the
cooperative
has
no
registered
agent,
at
the
cooperative’s
principal
office
address
shown
on
the
cooperative’s
most
recent
biennial
report
filed
with
the
secretary
of
state.
3.
The
interrogatories
must
be
answered
by
a
person
with
the
authority
to
answer
on
behalf
of
the
cooperative
that
is
the
subject
of
the
interrogatories.
Each
interrogatory
must
be
answered
in
writing
separately
and
in
a
manner
that
is
responsive
to
the
interrogatory.
The
declaration
on
the
completed
interrogatories
form
must
be
signed
by
a
person
with
the
authority
to
sign
on
behalf
of
the
cooperative.
4.
To
be
considered
responsive,
the
completed
and
signed
interrogatories
form
must
be
received
by
the
secretary
of
state
by
mail
or
in-person
delivery
within
twenty-one
calendar
days
after
the
form
was
mailed.
5.
A
response
to
any
interrogatory
that
indicates
to
the
secretary
of
state
that
the
cooperative
violated
any
provision
of
this
chapter
constitutes
the
cooperative
concession
to
such
House
File
2678,
p.
25
violation.
6.
A
failure
to
respond
to
any
interrogatory
within
the
allotted
time
constitutes
the
cooperative’s
concession
that
the
cooperative
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories.
7.
If
the
secretary
of
state
receives
a
response
to
each
interrogatory
that
indicates
to
the
secretary
of
state
that
the
cooperative
has
not
violated
any
provision
of
this
chapter,
the
secretary
shall
take
no
action.
8.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
36.
Section
501.811,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
cooperative
concedes
that
the
cooperative
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
cooperative
pursuant
to
section
501.713B.
Sec.
37.
Section
501.812,
subsections
1
and
2,
Code
2026,
are
amended
to
read
as
follows:
1.
If
the
secretary
of
state
determines
that
one
or
more
grounds
exist
under
section
501.811
,
subsections
1
through
4,
for
dissolving
a
cooperative,
the
secretary
of
state
shall
serve
the
cooperative
with
written
notice
of
the
secretary
of
state’s
determination
under
section
501.106
.
2.
If
Except
as
provided
in
subsection
6,
if
the
cooperative
does
not
correct
each
ground
for
dissolution
or
demonstrate
to
the
reasonable
satisfaction
of
the
secretary
of
state
that
each
ground
determined
by
the
secretary
of
state
does
not
exist
within
sixty
days
after
service
of
the
notice
is
perfected
under
section
501.106
,
the
secretary
of
state
shall
administratively
dissolve
the
cooperative
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
and
serve
a
copy
on
the
cooperative
under
section
501.106
.
Sec.
38.
Section
501.812,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
If
the
cooperative
concedes
that
the
cooperative
has
violated
a
provision
or
provisions
of
this
House
File
2678,
p.
26
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
cooperative
pursuant
to
section
501.713B,
the
secretary
of
state
may
immediately
administratively
dissolve
the
cooperative
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
and
serve
a
copy
on
the
cooperative
under
section
501.106.
DIVISION
VIII
501A
CLOSE
COOPERATIVES
Sec.
39.
Section
501A.202,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
If
Except
as
provided
in
subsection
5,
if
a
document
delivered
to
the
secretary
of
state
for
filing
satisfies
the
requirements
of
section
501A.201
,
the
secretary
of
state
shall
file
it
and
issue
any
necessary
certificate.
Sec.
40.
Section
501A.202,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
a.
The
secretary
of
state
may
require
a
document
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
document
is
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
501A.231A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
Sec.
41.
NEW
SECTION
.
501A.231A
Statement
of
removal
——
removal
of
information
not
authorized
to
be
provided.
1.
a.
A
person
whose
name,
street
address,
mailing
address,
or
email
address
has,
without
that
person’s
authorization,
been
provided
to
the
secretary
of
state
as
that
of
the
registered
agent
or
of
the
principal
office
in
a
cooperative
filing
may
deliver
to
the
secretary
of
state
a
notarized,
sworn
affidavit
of
unauthorized
use
that
does
all
of
the
following:
(1)
Identifies
the
cooperative
registration
by
name
and
House
File
2678,
p.
27
business
number.
(2)
Indicates
the
affiant’s
mailing
address.
(3)
States
that
neither
the
affiant
nor
any
agent
of
the
affiant
has
authorized
the
filing
identifying
the
affiant
as
the
registered
agent,
providing
the
affiant’s
street
address
or
mailing
address
as
an
address
of
the
registered
agent
or
principal
office,
or
providing
the
affiant’s
email
address
as
that
of
the
registered
agent.
b.
The
affiant
shall
specify
in
the
affidavit
of
unauthorized
use
the
information
that
was
not
authorized
to
be
provided.
c.
The
secretary
of
state
may
reject
an
affidavit
of
unauthorized
use
that
is
incomplete
or
that
the
secretary
of
state
believes
was
delivered
to
the
secretary
of
state
with
the
intent
to
harass
or
defraud
the
cooperative
or
the
individual
named
as
affiant.
d.
The
office
of
the
secretary
of
state
shall
adopt
an
affidavit
of
unauthorized
use
form
in
accordance
with
this
section.
2.
The
secretary
of
state
shall
conduct
an
administrative
review
to
determine
whether
the
filing
was
authorized
to
identify
the
stated
information
as
applicable.
3.
If
the
secretary
of
state
concludes
that
the
filing
was
not
authorized
to
provide
the
information
identified
in
the
affidavit,
the
secretary
of
state
shall
promptly
file
a
statement
of
removal
with
respect
to
the
identified
information,
and
shall
promptly
cause
the
identified
information
to
cease
to
be
listed
as
identified
for
the
cooperative.
4.
The
secretary
of
state
shall
not
charge
a
fee
for
the
filing
of
an
affidavit
of
unauthorized
use
under
subsection
1
or
a
statement
of
removal
under
subsection
3.
The
filing
office
shall
not
return
any
fee
paid
for
filing
the
cooperative
filing
identified
in
the
affidavit.
5.
Upon
filing
a
statement
of
removal,
the
secretary
of
state
shall
send
to
the
principal
office
address
or
registered
agent’s
mailing
address
on
record
for
the
cooperative,
if
any,
a
notice
stating
that
the
statement
of
removal
has
been
filed
and
is
effective
immediately.
The
notice
shall
also
state
that
House
File
2678,
p.
28
the
cooperative
is
without
a
registered
agent
or
registered
agent
address,
as
applicable.
6.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
42.
NEW
SECTION
.
501A.231B
Interrogatories.
1.
a.
The
secretary
of
state
may
serve
one
or
more
written
interrogatories
regarding
any
matter
that
pertains
to
a
cooperative
and
that
is
within
the
purview
of
the
secretary
of
state
if
the
secretary
of
state
receives
credible
information
that
a
cooperative
is
being
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
501A.231A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
2.
The
secretary
of
state
shall
serve
such
interrogatories
on
the
cooperative
that
is
the
subject
of
the
interrogatories
by
mail
at
the
address
of
the
registered
agent
that
appears
on
the
secretary
of
state’s
records
at
the
time
the
information
required
by
subsection
1
is
received,
or
if
the
cooperative
has
no
registered
agent,
at
the
cooperative’s
principal
office
address
shown
on
the
cooperative’s
most
recent
biennial
report
filed
with
the
secretary
of
state.
3.
The
interrogatories
must
be
answered
by
a
person
with
the
authority
to
answer
on
behalf
of
the
cooperative
that
is
the
subject
of
the
interrogatories.
Each
interrogatory
must
be
answered
in
writing
separately
and
in
a
manner
that
is
responsive
to
the
interrogatory.
The
declaration
on
the
completed
interrogatories
form
must
be
signed
by
a
person
with
the
authority
to
sign
on
behalf
of
the
cooperative.
4.
To
be
considered
responsive,
the
completed
and
signed
interrogatories
form
must
be
received
by
the
secretary
of
state
by
mail
or
in-person
delivery
within
twenty-one
calendar
days
after
the
form
was
mailed.
5.
A
response
to
any
interrogatory
that
indicates
to
the
House
File
2678,
p.
29
secretary
of
state
that
the
cooperative
violated
any
provision
of
this
chapter
constitutes
the
cooperative
concession
to
such
violation.
6.
A
failure
to
respond
to
any
interrogatory
within
the
allotted
time
constitutes
the
cooperative’s
concession
that
the
cooperative
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories.
7.
If
the
secretary
of
state
receives
a
response
to
each
interrogatory
that
indicates
to
the
secretary
of
state
that
the
cooperative
has
not
violated
any
provision
of
this
chapter,
the
secretary
of
state
shall
take
no
action.
8.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
DIVISION
IX
NONPROFIT
CORPORATIONS
Sec.
43.
Section
504.116,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
If
Except
as
provided
in
subsection
5,
if
a
document
delivered
to
the
office
of
the
secretary
of
state
for
filing
satisfies
the
requirements
of
section
504.111
,
the
secretary
of
state
shall
file
it.
Sec.
44.
Section
504.116,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
a.
The
secretary
of
state
may
require
a
document
to
be
delivered
by
mail
or
in
person
if
the
secretary
of
state
receives
credible
information
that
the
document
is
being
submitted
for
filing
fraudulently
or
may
be
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
504.1621A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
Sec.
45.
Section
504.1421,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
corporation
concedes
that
the
House
File
2678,
p.
30
corporation
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
corporation
pursuant
to
section
504.1621B.
Sec.
46.
Section
504.1422,
subsections
1
and
2,
Code
2026,
are
amended
to
read
as
follows:
1.
Upon
determining
that
one
or
more
grounds
exist
under
section
504.1421
,
subsections
1
through
4,
for
dissolving
a
corporation,
the
secretary
of
state
shall
serve
the
corporation
with
written
notice
of
that
determination
under
section
504.504
.
2.
If
Except
as
specified
in
subsection
6,
the
corporation
does
not
correct
each
ground
for
dissolution
or
demonstrate
to
the
reasonable
satisfaction
of
the
secretary
of
state
that
each
ground
determined
by
the
secretary
of
state
does
not
exist
within
at
least
sixty
days
after
service
of
notice
is
perfected
under
section
504.504
,
the
secretary
of
state
may
administratively
dissolve
the
corporation
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
of
dissolution
and
serve
a
copy
on
the
corporation
under
section
504.504
.
Sec.
47.
Section
504.1422,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
If
the
corporation
concedes
that
the
corporation
has
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories
served
on
the
corporation
pursuant
to
section
504.1621B,
the
secretary
of
state
may
immediately
administratively
dissolve
the
corporation
by
signing
a
certificate
of
dissolution
that
recites
the
ground
or
grounds
for
dissolution
and
its
effective
date.
The
secretary
of
state
shall
file
the
original
of
the
certificate
and
serve
a
copy
on
the
corporation
under
section
504.504.
Sec.
48.
NEW
SECTION
.
504.1621A
Statement
of
removal
——
removal
of
information
not
authorized
to
be
provided.
1.
a.
A
person
whose
name,
street
address,
mailing
address,
or
email
address
has,
without
that
person’s
authorization,
been
provided
to
the
secretary
of
state
as
that
of
the
registered
agent
or
of
the
principal
office
in
a
domestic
or
foreign
corporation
filing
may
deliver
to
the
secretary
of
state
a
House
File
2678,
p.
31
notarized,
sworn
affidavit
of
unauthorized
use
that
does
all
of
the
following:
(1)
Identifies
the
domestic
or
foreign
corporation
registration
by
name
and
business
number.
(2)
Indicates
the
affiant’s
mailing
address.
(3)
States
that
neither
the
affiant
nor
any
agent
of
the
affiant
has
authorized
the
filing
identifying
the
affiant
as
the
registered
agent,
providing
the
affiant’s
street
address
or
mailing
address
as
an
address
of
the
registered
agent
or
principal
office,
or
providing
the
affiant’s
email
address
as
that
of
the
registered
agent.
b.
The
affiant
shall
specify
in
the
affidavit
of
unauthorized
use
the
information
that
was
not
authorized
to
be
provided.
c.
The
secretary
of
state
may
reject
an
affidavit
of
unauthorized
use
that
is
incomplete
or
that
the
secretary
of
state
believes
was
delivered
to
the
secretary
of
state
with
the
intent
to
harass
or
defraud
the
domestic
or
foreign
corporation
or
the
individual
named
as
affiant.
d.
The
office
of
the
secretary
of
state
shall
adopt
an
affidavit
of
unauthorized
use
form
in
accordance
with
this
section.
2.
The
secretary
of
state
shall
conduct
an
administrative
review
to
determine
whether
the
filing
was
authorized
to
identify
the
stated
information
as
applicable.
3.
If
the
secretary
of
state
concludes
that
the
filing
was
not
authorized
to
provide
the
information
identified
in
the
affidavit,
the
secretary
of
state
shall
promptly
file
a
statement
of
removal
with
respect
to
the
identified
information,
and
shall
promptly
cause
the
identified
information
to
cease
to
be
listed
as
identified
for
the
domestic
or
foreign
corporation.
4.
The
secretary
of
state
shall
not
charge
a
fee
for
the
filing
of
an
affidavit
of
unauthorized
use
under
subsection
1
or
a
statement
of
removal
under
subsection
3.
The
filing
office
shall
not
return
any
fee
paid
for
filing
the
domestic
or
foreign
corporation
filing
identified
in
the
affidavit.
5.
Upon
filing
a
statement
of
removal,
the
secretary
of
state
shall
send
to
the
principal
office
address
or
registered
House
File
2678,
p.
32
agent’s
mailing
address
on
record
for
the
domestic
or
foreign
corporation,
if
any,
a
notice
stating
that
the
statement
of
removal
has
been
filed
and
is
effective
immediately.
The
notice
shall
also
state
that
the
corporation
is
without
a
registered
agent
or
registered
agent
address,
as
applicable.
6.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
49.
NEW
SECTION
.
504.1621B
Interrogatories.
1.
a.
The
secretary
of
state
may
serve
one
or
more
written
interrogatories
regarding
any
matter
that
pertains
to
a
domestic
or
foreign
corporation
and
that
is
within
the
purview
of
the
secretary
of
state
if
the
secretary
of
state
receives
credible
information
that
a
corporation
is
being
used
to
accomplish
a
fraudulent,
criminal,
or
unlawful
purpose.
b.
As
used
in
paragraph
“a”
,
“credible
information”
means
any
of
the
following:
(1)
An
affidavit
of
unauthorized
use
as
provided
in
section
504.1621A.
(2)
Information
provided
to
the
secretary
of
state
by
another
government
agency.
(3)
Information
collected
by
the
secretary
of
state
from
a
credible
third-party
data
set.
2.
The
secretary
of
state
shall
serve
such
interrogatories
on
the
domestic
or
foreign
corporation
that
is
the
subject
of
the
interrogatories
by
mail
at
the
address
of
the
registered
agent
that
appears
on
the
secretary
of
state’s
records
at
the
time
the
information
required
by
subsection
1
is
received,
or
if
the
corporation
has
no
registered
agent,
at
the
corporation’s
principal
office
address
shown
on
the
corporation’s
most
recent
biennial
report
filed
with
the
secretary
of
state.
3.
The
interrogatories
must
be
answered
by
a
person
with
the
authority
to
answer
on
behalf
of
the
domestic
or
foreign
corporation
that
is
the
subject
of
the
interrogatories.
Each
interrogatory
must
be
answered
in
writing
separately
and
in
a
manner
that
is
responsive
to
the
interrogatories.
The
declaration
on
the
completed
interrogatories
form
must
be
signed
by
a
person
with
the
authority
to
sign
on
behalf
of
the
corporation.
House
File
2678,
p.
33
4.
To
be
considered
responsive,
the
completed
and
signed
interrogatories
form
must
be
received
by
the
secretary
of
state
by
mail
or
in-person
delivery
within
twenty-one
calendar
days
after
the
form
was
mailed.
5.
A
response
to
any
interrogatory
that
indicates
to
the
secretary
of
state
that
the
domestic
or
foreign
corporation
violated
any
provision
of
this
chapter
constitutes
the
corporation’s
concession
to
such
violation.
6.
A
failure
to
respond
to
any
interrogatory
within
the
allotted
time
constitutes
the
domestic
or
foreign
corporation’s
concession
that
the
corporation
violated
a
provision
or
provisions
of
this
chapter
that
are
the
subjects
of
the
interrogatories.
7.
If
the
secretary
of
state
receives
a
response
to
each
interrogatory
that
indicates
to
the
secretary
of
state
that
the
domestic
or
foreign
corporation
has
not
violated
any
provision
of
this
chapter,
the
secretary
of
state
shall
take
no
action.
8.
The
secretary
of
state
shall
adopt
rules
pursuant
to
chapter
17A
necessary
or
desirable
to
administer
this
section.
Sec.
50.
DIRECTIONS
TO
CODE
EDITOR.
The
Code
editor
shall
organize
sections
504.1621
through
504.1630
as
a
new
part
of
chapter
504,
subchapter
XVI.
DIVISION
X
LANDHOLDINGS
Sec.
51.
Section
9I.7,
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
A
nonresident
alien,
foreign
business,
or
foreign
government,
or
an
agent,
trustee,
or
fiduciary
thereof,
which
owns
an
interest
in
agricultural
land
within
this
state
on
or
after
January
1,
1980,
shall
register
the
agricultural
land
with
the
secretary
of
state.
The
registration
shall
be
made
within
sixty
days
after
January
1,
1980,
or
within
sixty
days
after
acquiring
the
land
or
the
interest
in
land,
whichever
is
later.
The
registration
shall
be
made
online
or
in
the
form
and
manner
prescribed
by
the
secretary
of
state.
Information
described
in
this
section
is
a
confidential
record
and
subject
to
use
in
the
same
manner
as
provided
in
section
10B.5.
As
part
of
the
registration,
the
nonresident
alien,
foreign
business,
or
foreign
government,
or
an
agent,
trustee,
or
fiduciary
House
File
2678,
p.
34
thereof,
shall
file
all
of
the
following
information:
Sec.
52.
Section
10B.1,
Code
2026,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
a.
“Business
entity”
means
a
person,
formed
under
the
statutes
of
this
state
or
another
jurisdiction
for
purposes
of
engaging
in
a
commercial
activity
on
a
profit,
cooperative,
or
not-for-profit
basis,
including
but
not
limited
to
a
corporation
or
entity
taxed
as
a
corporation
under
the
Internal
Revenue
Code,
nonprofit
corporation,
cooperative
or
cooperative
association,
partnership,
limited
partnership,
limited
liability
company,
limited
liability
partnership,
investment
company,
joint
stock
company,
joint
stock
association,
or
trust,
including
but
not
limited
to
a
business
trust.
b.
“Business
entity”
does
not
include
a
family
farm
corporation,
family
farm
limited
liability
company,
family
trust,
revocable
trust,
testamentary
trust,
or
family
farm
unincorporated
nonprofit
association,
each
as
defined
in
section
9H.1.
NEW
SUBSECTION
.
10A.
“Out-of-state
business
entity”
means
a
business
entity
formed
under
the
statutes
of
any
of
the
following:
a.
A
state
of
the
United
States,
other
than
Iowa.
b.
A
territory
of
the
United
States.
NEW
SUBSECTION
.
10B.
“Out-of-state
individual”
means
an
individual
who
is
domiciled
in
any
of
the
following:
a.
A
state
of
the
United
States,
other
than
Iowa.
b.
A
territory
of
the
United
States.
Sec.
53.
Section
10B.1,
subsection
11,
Code
2026,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
0f.
An
out-of-state
business
entity
holding
an
interest
in
agricultural
land
in
this
state,
including
a
general
partnership
in
which
a
partner
is
domiciled
in
another
state,
or
territory,
of
the
United
States.
NEW
PARAGRAPH
.
00f.
An
out-of-state
individual
holding
an
interest
in
agricultural
land
in
this
state.
Sec.
54.
Section
10B.3,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5A.
A
person
not
described
in
this
section
House
File
2678,
p.
35
who
is
an
authorized
representative
of
an
out-of-state
business
entity
or
an
out-of-state
individual.
Sec.
55.
Section
10B.4,
subsection
2,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0b.
If
the
reporting
entity
is
a
general
partnership,
the
name
of
and
address
of
each
partner
who
resides
in
another
state,
or
territory,
of
the
United
States.
Sec.
56.
Section
10B.5,
subsection
2,
Code
2026,
is
amended
to
read
as
follows:
2.
a.
Information
Except
as
provided
in
reports
paragraph
“b”
and
section
10B.5A,
a
report
required
in
to
be
filed
under
this
chapter
is
a
confidential
record
as
provided
in
section
22.7
.
The
attorney
general
may
have
access
to
the
reports,
and
may
use
information
in
the
reports
in
any
action
to
enforce
state
law,
including
but
not
limited
to
chapters
9H
and
9I
.
The
reports
shall
be
made
available
to
members
of
the
general
assembly
and
appropriate
committees
of
the
general
assembly
in
order
to
determine
the
extent
that
agricultural
land
is
held
in
this
state
by
corporations
and
other
business
and
foreign
entities
and
the
effect
of
such
land
ownership
upon
the
economy
of
this
state.
The
secretary
of
state
shall
assist
any
committee
of
the
general
assembly
studying
these
issues.
b.
A
report
filed
under
this
chapter
is
not
a
confidential
record
if
the
reporting
entity
is
any
of
the
following:
(1)
A
foreign
business,
foreign
government,
or
nonresident
alien.
(2)
An
out-of-state
business
entity
or
an
out-of-state
individual.
Sec.
57.
Section
10B.5A,
Code
2026,
is
amended
to
read
as
follows:
10B.5A
Annual
summary
to
governor
and
general
assembly.
1.
The
secretary
of
state
shall
prepare
an
annual
summary
of
foreign
and
out-of-state
agricultural
landholding.
2.
a.
The
summary
must
be
include
a
report
summarizing
the
compiled
information
for
agricultural
landholdings
by
foreign
businesses,
foreign
governments,
and
nonresident
aliens
included
in
the
current
registrations
filed
pursuant
to
section
9I.7
and
the
last
reports
filed
pursuant
to
section
10B.4
.
b.
The
summary
must
include
a
report
summarizing
the
House
File
2678,
p.
36
compiled
information
for
agricultural
landholding
by
out-of-state
business
entities
and
out-of-state
individuals
included
in
the
last
reports
filed
pursuant
to
section
10B.4.
3.
The
information
described
in
subsection
2,
is
not
a
confidential
record
as
provided
in
section
22.7
.
The
attorney
general
may
have
access
to
the
annual
summary
and
may
use
information
in
the
annual
summary
in
any
action
to
enforce
state
law,
including
but
not
limited
to
chapters
9H
and
9I
,
and
this
chapter
.
The
annual
summary
shall
be
made
available
to
the
governor,
members
of
the
general
assembly,
and
appropriate
committees
of
the
general
assembly
in
order
to
determine
the
extent
that
agricultural
land
is
held
in
this
state
by
foreign
entities
and
the
effect
of
such
land
ownership
upon
the
economy
of
this
state.
Upon
request,
the
secretary
of
state
shall
assist
any
committee
of
the
general
assembly
studying
these
issues.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2678,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor