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| Montana Administrative Register Notice 44-2-189 | No. 12 06/20/2013 | |
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BEFORE THE SECRETARY OF STATE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On July 10, 2013, at 10 a.m., the Secretary of State will hold a public hearing in the Secretary of State's Conference Room, Room 260, State Capitol Building, Helena, Montana, to consider the proposed amendment of the above-stated rule.
2. The Secretary of State will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Secretary of State no later than 5:00 p.m. on June 28, 2013, to advise us of the nature of the accommodation that you need. Please contact Jorge Quintana, Secretary of State's Office, P.O. Box 202801, Helena, MT 59620-2801; telephone (406) 461-5173; fax (406) 444-4249; TDD/Montana Relay Service (406) 444-9068; or e-mail [email protected].
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
44.5.115 LIMITED LIABILITY COMPANY FEES (1) Domestic filings: (a) articles of organization $ 70.00 plus $50.00 for each series member named in the series LLC (b) articles of correction 15.00 (c) articles of amendment 15.00 plus $50.00 for each series member named in the series LLC (d) restated articles 15.00 (e) articles of merger 20.00 (f) application for reviver 15.00 (g) articles of termination 15.00 (h) reinstatement of involuntarily dissolved limited liability company 35.00 plus an additional fee of $30.00 per year for each year of delinquent annual reports (2) Foreign filings: (a) certificate of authority 70.00 plus $50.00 for each series member named in the series LLC (b) amended certificate of authority 15.00 plus $50.00 for each series member named in the series LLC (c) withdrawal 15.00 (d) registration of name (per year) 10.00 (e) renewal of name registration (per year) 10.00 (3) Both domestic and foreign filings: (a) name reservation 10.00 (b) transfer/cancellation of name reservation no charge (c) statement of change of: (i) registered office, no charge (ii) registered agent, no charge (d) annual report filed prior to April 15th 15.00 (e) annual report filed after April 15th 30.00 (f) any other statement or report 15.00 (g) certificate of existence (domestic) 5.00 (h) certificate of authority (foreign) 5.00
AUTH: 2-15-405, 35-1-1307, 35-8-211, MCA IMP:
REASON: The amendments establishing a fee for the filing of documents relating to a Series Limited Liability Company are reasonably necessary due to the passage of House Bill 362 by the 2013 Legislature which authorized the creation of a series of members within a Limited Liability Company. Per 2-15-405, MCA, the fees are commensurate with the overall costs of the office of the Secretary of State and reasonably reflect the prevailing rates charged in the public and private sectors for similar services. The authority and implementation statutes were reviewed and updated.
4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Jorge Quintana, Secretary of State's Office, P.O. Box 202801, Helena, Montana 59620-2801; telephone (406) 461-5173; fax (406) 444-4249; or e-mail [email protected], and must be received no later than 5:00 p.m., July 18, 2013.
5. Jorge Quintana, Secretary of State's Office, has been designated to preside over and conduct this hearing.
6. The Secretary of State maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ JORGE QUINTANA /s/ LINDA MCCULLOCH Jorge Quintana Linda McCulloch Rule Reviewer Secretary of State
Dated this 10th day of June, 2013.
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For questions about the organization of the ARM or this web site, contact [email protected].
