SB-0666, As Passed House, November 9, 2005

SUBSTITUTE FOR

SENATE BILL NO. 666

     A bill to amend 1982 PA 162, entitled

"Nonprofit corporation act,"

by amending section 131 (MCL 450.2131), as amended by 1992 PA 198.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 131. (1) A document required or permitted to be filed

under this act shall be  filed  submitted by delivering the

document to the administrator together with the fees and

accompanying documents required by law. The administrator may

establish a procedure for accepting delivery of a document

submitted under this subsection by facsimile or other electronic

transmission. However, by December 31, 2006, the administrator

shall establish a procedure for accepting delivery of a document

submitted under this subsection by electronic mail or over the

internet. Beginning January 1, 2007, the administrator shall accept

delivery of documents submitted by electronic mail or over the

internet.

     (2) If  the  a document submitted under subsection (1)

substantially conforms to the requirements of this act, the

administrator shall endorse upon it the word "filed" with the

administrator's official title and the dates of receipt and of

filing, and shall file and index the document or a reproduction of

the document pursuant to the records  media act  reproduction act,

1992 PA 116, MCL 24.401 to 24.406, in the administrator's office.

If  so requested at the time of the delivery of the document to

the administrator's office, the administrator shall include the

hour of filing in the endorsement on the document.

     (3) The administrator shall  prepare and return a  true copy

or, at the administrator's discretion, the original of a document

filed under subsection (2), other than an annual report, or, at his

or her discretion, the original, to the person who submitted the

document for filing.  The administrator shall mark the filing date

on the true copy or original.  The administrator shall mark the

filing date on the copy or original before returning it or, if the

document was submitted by electronic mail or over the internet, may

provide proof of the filing date to the person who submitted the

document for filing in another manner determined by the

administrator.

     (4) The records and files of the administrator relating to

corporations shall be open to reasonable inspection by the public.

The administrator may maintain the records or files  may, at the

discretion of the administrator, be maintained either in their

original form or in the form of reproductions pursuant to the

records  media  reproduction act, 1992 PA 116, MCL 24.401 to

24.406.

     (5) The administrator may make  reproductions  copies of any

documents filed under this act, or any predecessor act, pursuant to

the records  media  reproduction act, 1992 PA 116, MCL 24.401 to

24.406, and may destroy the originals of the reproduced documents.

reproduced.

(6)  (2) The  A document filed under subsection (2) is

effective at the time it is endorsed unless a subsequent effective

time, not later than 90 days after the date of delivery, is set

forth in the document.

     (7) The administrator shall charge 1 of the following

nonrefundable fees if expedited filing of a document by the

administrator is requested and the administrator shall retain the

revenue collected under this subsection and the department shall

use it to carry out its duties required by law:

     (a) For any filing that a person requests the administrator to

complete within 1 hour on the same day as the day of the request,

$1,000.00. The department may establish a deadline by which a

person must submit a request for filing under this subdivision.

     (b) For any filing that a person requests the administrator to

complete within 2 hours on the same day as the day of the request,

$500.00. The department may establish a deadline by which a person

must submit a request for filing under this subdivision.

     (c) Except for a filing request under subdivision (a) or (b),

for the filing of any formation or qualification document that a

person requests the administrator to complete on the same day as

the day of the request, $100.00. The department may establish a

deadline by which a person must submit a request for filing under

this subdivision.

     (d) Except for a filing request under subdivision (a) or (b),

for the filing of any other document concerning an existing

domestic corporation or a qualified foreign corporation that a

person requests the administrator to complete on the same day as

the day of the request, $200.00. The department may establish a

deadline by which a person must submit a request for filing under

this subdivision.

     (e) For the filing of any formation or qualification document

that a person requests the administrator to complete within 24

hours of the time the administrator receives the request, $50.00.

     (f) For the filing of any other document concerning an

existing domestic corporation or a qualified foreign corporation

that a person requests the administrator to complete within 24

hours of the time the administrator receives the request, $100.00.

     Enacting section 1.  This amendatory act takes effect January

1, 2006.

     Enacting section 2.  This amendatory act does not take effect

unless Senate Bill No. 298 of the 93rd Legislature is enacted into

law.