SF0003 • 2012

Secretary of state-authority.

AN ACT relating to the secretary of state; authorizing the secretary of state to refuse to accept documents for filing; authorizing the secretary of state to issue cease and desist orders; providing for notice and appeal; authorizing the secretary of state to cause administrative forfeiture of authority of limited liability companies for failure to maintain a registered agent; repealing secretary of state authority to be appointed agent for service of process for foreign limited partnerships; and providing for an effective date.

Elections

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Corporations
Last action: 2012-03-06
Official status: enrolled
Effective date: 3/6/2012

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0003S2001

2nd reading • NICHOLAS,P

Adopted

Plain English: Adopted 2nd reading by NICHOLAS,P

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0003S3001

3rd reading • PERKINS

Adopted

Plain English: Adopted 3rd reading by PERKINS

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2012-03-06 LSO
Assigned Chapter Number
2012-03-06 Governor
Governor Signed SEA0001
2012-03-02 House
H Speaker Signed SEA No. 0001
2012-03-01 Senate
S President Signed SEA No. 0001
2012-03-01 LSO
Assigned Number SEA0001
2012-03-01 House
H Passed 3rd Reading
2012-02-29 House
H Passed 2nd Reading
2012-02-28 House
H Passed CoW
2012-02-23 House
H Placed on General File
2012-02-23 House
H07 Recommended Do Pass
2012-02-22 House
H Introduced and Referred to H07
2012-02-20 House
H Received for Introduction
2012-02-17 Senate
S Passed 3rd Reading
2012-02-17 Senate
Amendment Adopted
2012-02-16 Senate
S Passed 2nd Reading
2012-02-16 Senate
Amendment Adopted
2012-02-16 Senate
S Amendments Adopted
2012-02-15 Senate
S Passed CoW
2012-02-14 Senate
S Placed on General File
2012-02-14 Senate
S07 Recommended Do Pass
2012-02-13 Senate
S Introduced and Referred to S07
2012-02-13 Senate
S Received for Introduction
2011-12-29 LSO
Bill Number Assigned

Official Summary Text

SF0003

Bill No.:
SF0003
Drafter:

LGC

LSO No.:
12LSO-0067
Effective Date:

March 6, 2012

Enrolled Act No.:
SEA0001

Chapter No.:
CH0010

Prime Sponsor:
Joint Corporations, Elections and Political
Subdivisions Interim Committee

Catch Title:
Secretary
of state-authority.

Subject:
Amending authorities of the secretary
of state.

Summary/Major Elements:

The act allows the secretary
of state to refuse to accept documents for filing pursuant to Title 17 or 34 of
Wyoming statutes from, or issue a cease and desist order to, any person or
entity that:

Has filed a document under
those titles containing a fraudulent statement;

Has made or used any false
writing or document knowing it to be false, fictitious or fraudulent; or

Is the subject of, an agent
of or is acting on behalf of someone who is subject to any order of the
secretary of state or a similar order from another jurisdiction.

The act provides a process
and requirements for cease and desist orders issued by the secretary of state.

The act repeals the secretary
of states responsibility to act as agent for service of process for foreign
limited partnerships.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0003

ENROLLED ACT NO. 1, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING
2012 BUDGET SESSION

AN ACT relating to
the secretary of state; authorizing the secretary of state to refuse to accept documents for filing; authorizing the secretary of state to issue cease and desist orders; providing for notice and appeal;

repealing secretary of state authority to be appointed agent for service of process for foreign limited partnerships;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 9
‑
1
‑
308 is created to read:

9
‑
1
‑
308.

Powers and duties; refusal to file documents; cease and desist orders.

(a)

The secretary of state may refuse to accept documents for filing
pursuant to
t
itle 17 or
t
itle 34 of Wyoming
s
tatutes
for up to five (5) years from any person
or
any entity if that person or entity:

(i)

Has filed any document with the secretary of state
pursuant to
t
itle 17 or
t
itle 34 of Wyoming
s
tatutes
that contained any statement which was fraudulent with respect to any material fact;

(ii)

Makes or uses any false writing or document knowing it to contain any materially false, fictitious or fraudulent statement or entry
; or

(iii
)

Is the subject
of
,
an agent of or acting on behalf of
the subject of an
y
order of the secretary of state
or a
ny
similar order issued in another jurisdiction
.

(b)

The secretary of state may issue a cease and desist order to any person or entity engaging in
any
practice
described in paragraphs
(a)
(i)
and (ii
) of this section
or any person or entity qualifying under paragraph (a)(iii) of this section
.

(
c
)

Upon issuance of a cease and desist order
under subsection (b) of this section
, the
secretary of state
shall serve upon the person affected by the order, by registered or certified mail, return receipt requested, to the person's last known address,
an
order specifically stating the acts complained of and requiring the person to immediately cease and desist from the act, methods or practices stated.

(d)

Any refusal to accept documents under subsection (a) of this section and any cease and desist order issued under subsection (b) of this section shall be in writing provided to the person affected by the refusal or order. The writing shall include a statement of the basis for the refusal or order and shall constitute a final order of the secretary of state.

(
e
)

Any refusal to accept documents under subsection (a) of this section and any order issued under subsection (b) of this section is subject to the notice and appeal provisions of
W.S. 17-4-123
.

Section
2
.
W.S. 17
‑
14
‑
1002(a)(
v) is repealed.

Section
3
.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1