Text: SF02387 Text: SF02389 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2388 1 2 AN ACT 1 3 RELATING TO THE FILING OF REPORTS WITH THE SECRETARY OF 1 4 STATE BY CORPORATE ENTITIES. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 9H.9, subsection 2, Code 1999, is 1 9 amended to read as follows: 1 10 2. The total number of hogs and the total number of cattle 1 11 owned and fed more than thirty days by the processor during 1 12 the preceding calendar year or fiscal year. 1 13 Sec. 2. NEW SECTION. 10B.4A SUSPENSION OF OTHER FILING 1 14 REQUIREMENTS. 1 15 The secretary of state shall not prepare or distribute 1 16 forms for reports or file reports otherwise required pursuant 1 17 to section 9H.5A, 501.103, or 567.8. A person required to 1 18 file a report pursuant to this chapter is not required to file 1 19 a report under those sections. 1 20 Sec. 3. Section 495.3, Code 1999, is amended to read as 1 21 follows: 1 22 495.3ANNUALBIENNIAL REPORT – FEE. 1 23 All corporations subject to the provisions of this chapter 1 24 are hereby required to pay theannualfee and to make the 1 25annualbiennial report in the form and manner and at the time 1 26 as specified in chapter 490. 1 27 Sec. 4. Section 496C.21, unnumbered paragraph 1, Code 1 28 1999, is amended to read as follows: 1 29 Eachannualbiennial report of a professional corporation 1 30 or foreign professional corporation shall, in addition to the 1 31 information required by the Iowa business corporation Act, set 1 32 forth: 1 33 Sec. 5. Section 496C.21, unnumbered paragraph 3, Code 1 34 1999, is amended by striking the unnumbered paragraph, and 1 35 inserting in lieu thereof the following: 2 1 A corporation subject to the provisions of this chapter 2 2 shall pay the biennial filing fee and make the biennial report 2 3 in a form and manner and at the time specified in chapter 490. 2 4 Sec. 6. Section 497.26, Code 1999, is amended to read as 2 5 follows: 2 6 497.26 CANCELLATION. 2 7 If theannualbiennial report required is not filed and 2 8 penalties paid on or before the last day of June the secretary 2 9 of state shall, on the first day of July following, cancel the 2 10 name of any delinquent corporation from the list of live 2 11 corporations in the secretary of state's office, and enter 2 12 such cancellation on the proper records. 2 13 Sec. 7. Section 498.28, Code 1999, is amended to read as 2 14 follows: 2 15 498.28 CANCELLATION. 2 16 If theannualbiennial report required is not filed and 2 17 penalties paid on or before the last day of June the secretary 2 18 of state shall, on the first day of July following, cancel the 2 19 name of any delinquent corporation from the list of live 2 20 corporations in the secretary of state's office, and enter 2 21 such cancellation on the proper records. 2 22 Sec. 8. Section 499.43A, subsection 2, unnumbered 2 23 paragraph 1, Code 1999, is amended to read as follows: 2 24 The instrument shall be filed with the secretary of state. 2 25 The cooperative association shall amend its articles of 2 26 incorporation pursuant to section 499.41 to comply with the 2 27 provisions of this chapter. The secretary of state shall not 2 28 file the instrument unless the cooperative association is in 2 29 compliance with the provisions of chapter 498 at the time of 2 30 filing. A cooperative association shall filean annuala 2 31 biennial report which is due pursuant to section 499.49. Upon 2 32 filing the instrument with the secretary, all of the following 2 33 shall apply: 2 34 Sec. 9. Section 499.53, Code 1999, is amended to read as 2 35 follows: 3 1 499.53 QUO WARRANTO. 3 2 The right of an association to exist or continue under this 3 3 chapter may be inquired into by the attorney general, but not 3 4 otherwise. If from itsannualbiennial report or otherwise, 3 5 the secretary of state is informed that it is not functioning 3 6 as a cooperative, the secretary shall so notify the attorney 3 7 general, who, if the attorney general finds reasonable cause 3 8 so to believe, shall bring action to oust it and wind up its 3 9 affairs. 3 10 Sec. 10. Section 499.73, subsection 4, Code 1999, is 3 11 amended to read as follows: 3 12 4. An association may also appoint or change its 3 13 registered office or registered agent in itsannualbiennial 3 14 report. 3 15 Sec. 11. Section 499.76, subsection 1, Code 1999, is 3 16 amended to read as follows: 3 17 1. The association has not deliveredan annuala biennial 3 18 report to the secretary of state in a form that meets the 3 19 requirements of section 499.49, within sixty days after it is 3 20 due. 3 21 Sec. 12. Section 501.106, subsection 4, Code 1999, is 3 22 amended to read as follows: 3 23 4. A cooperative may also change its registered office or 3 24 registered agent in itsannualbiennial report. 3 25 Sec. 13. Section 501.701, subsection 5, paragraph g, Code 3 26 Supplement 1999, is amended to read as follows: 3 27 g. Its most recentannualbiennial report delivered to the 3 28 secretary of state under section 501.713. 3 29 Sec. 14. Section 501.713, subsection 1, unnumbered 3 30 paragraph 1, Code Supplement 1999, is amended to read as 3 31 follows: 3 32 Each cooperative authorized to transact business in this 3 33 state shall deliver to the secretary of state for filingan3 34annuala biennial report that sets forth all of the following: 3 35 Sec. 15. Section 501.713, subsections 2 through 5, Code 4 1 Supplement 1999, are amended to read as follows: 4 2 2. Information in theannualbiennial report must be 4 3 current as of the first day of January of the year in which 4 4 the report is due. The report shall be executed on behalf of 4 5 the cooperative and signed as provided in section 501.105 or 4 6 by any other person authorized by the board of directors of 4 7 the cooperative. 4 8 3. The firstannualbiennial report shall be delivered to 4 9 the secretary of state between January 1 and April 1 of the 4 10 first even-numbered year following the calendar year in which 4 11 a cooperative was organized. Subsequentannualbiennial 4 12 reports must be delivered to the secretary of state between 4 13 January 1 and April 1 of the following even-numbered calendar 4 14 years. A filing fee for theannualbiennial report shall be 4 15 determined by the secretary of state. 4 16 4. Ifan annuala biennial report does not contain the 4 17 information required by this section, the secretary of state 4 18 shall promptly notify the reporting cooperative in writing and 4 19 return the report to the cooperative for correction. 4 20 5. The secretary of state may provide for the change of 4 21 registered office or registered agent on the form prescribed 4 22 by the secretary of state for theannualbiennial report, 4 23 provided that the form contains the information required in 4 24 section 501.106. If the secretary of state determines thatan4 25annuala biennial report does not contain the information 4 26 required by this section but otherwise meets the requirements 4 27 of section 501.106 for the purpose of changing the registered 4 28 office or registered agent, the secretary of state shall file 4 29 the statement of change of registered office or registered 4 30 agent, effective as provided in section 501.105, before 4 31 returning theannualbiennial report to the cooperative as 4 32 provided in this section. A statement of change of registered 4 33 office or agent pursuant to this subsection shall be executed 4 34 by a person authorized to execute theannualbiennial report. 4 35 Sec. 16. Section 501.811, subsection 1, Code 1999, is 5 1 amended to read as follows: 5 2 1. The cooperative has not deliveredan annuala biennial 5 3 report to the secretary of state in a form that meets the 5 4 requirements of section 501.713, within sixty days after it is 5 5 due, or has not paid the filing fee as determined by the 5 6 secretary of state, within sixty days after it is due. 5 7 5 8 5 9 5 10 MARY E. KRAMER 5 11 President of the Senate 5 12 5 13 5 14 5 15 BRENT SIEGRIST 5 16 Speaker of the House 5 17 5 18 I hereby certify that this bill originated in the Senate and 5 19 is known as Senate File 2388, Seventy-eighth General Assembly. 5 20 5 21 5 22 5 23 MICHAEL E. MARSHALL 5 24 Secretary of the Senate 5 25 Approved , 2000 5 26 5 27 5 28 5 29 THOMAS J. VILSACK 5 30 Governor
Text: SF02387 Text: SF02389 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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