Text: SSB03172 Text: SSB03174 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 9H.9, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. The total number of hogs and the total number of cattle 1 4 owned and fed more than thirty days by the processor during 1 5 the preceding calendar year or fiscal year. 1 6 Sec. 2. NEW SECTION. 10B.4A SUSPENSION OF OTHER FILING 1 7 REQUIREMENTS. 1 8 The secretary of state shall not prepare or distribute 1 9 forms for reports or file reports otherwise required pursuant 1 10 to section 9H.5A, 501.103, or 567.8. A person required to 1 11 file a report pursuant to this chapter is not required to file 1 12 a report under those sections. 1 13 Sec. 3. Section 495.3, Code 1999, is amended to read as 1 14 follows: 1 15 495.3ANNUALBIENNIAL REPORT FEE. 1 16 All corporations subject to the provisions of this chapter 1 17 are hereby required to pay theannualfee and to make the 1 18annualbiennial report in the form and manner and at the time 1 19 as specified in chapter 490. 1 20 Sec. 4. Section 496C.21, unnumbered paragraph 1, Code 1 21 1999, is amended to read as follows: 1 22 Eachannualbiennial report of a professional corporation 1 23 or foreign professional corporation shall, in addition to the 1 24 information required by the Iowa business corporation Act, set 1 25 forth: 1 26 Sec. 5. Section 496C.21, unnumbered paragraph 3, Code 1 27 1999, is amended by striking the unnumbered paragraph, and 1 28 inserting in lieu thereof the following: 1 29 A corporation subject to the provisions of this chapter 1 30 shall pay the biennial filing fee and make the biennial report 1 31 in a form and manner and at the time specified in chapter 490. 1 32 Sec. 6. Section 497.26, Code 1999, is amended to read as 1 33 follows: 1 34 497.26 CANCELLATION. 1 35 If theannualbiennial report required is not filed and 2 1 penalties paid on or before the last day of June the secretary 2 2 of state shall, on the first day of July following, cancel the 2 3 name of any delinquent corporation from the list of live 2 4 corporations in the secretary of state's office, and enter 2 5 such cancellation on the proper records. 2 6 Sec. 7. Section 498.28, Code 1999, is amended to read as 2 7 follows: 2 8 498.28 CANCELLATION. 2 9 If theannualbiennial report required is not filed and 2 10 penalties paid on or before the last day of June the secretary 2 11 of state shall, on the first day of July following, cancel the 2 12 name of any delinquent corporation from the list of live 2 13 corporations in the secretary of state's office, and enter 2 14 such cancellation on the proper records. 2 15 Sec. 8. Section 499.43A, subsection 2, unnumbered 2 16 paragraph 1, Code 1999, is amended to read as follows: 2 17 The instrument shall be filed with the secretary of state. 2 18 The cooperative association shall amend its articles of 2 19 incorporation pursuant to section 499.41 to comply with the 2 20 provisions of this chapter. The secretary of state shall not 2 21 file the instrument unless the cooperative association is in 2 22 compliance with the provisions of chapter 498 at the time of 2 23 filing. A cooperative association shall filean annuala 2 24 biennial report which is due pursuant to section 499.49. Upon 2 25 filing the instrument with the secretary, all of the following 2 26 shall apply: 2 27 Sec. 9. Section 499.53, Code 1999, is amended to read as 2 28 follows: 2 29 499.53 QUO WARRANTO. 2 30 The right of an association to exist or continue under this 2 31 chapter may be inquired into by the attorney general, but not 2 32 otherwise. If from itsannualbiennial report or otherwise, 2 33 the secretary of state is informed that it is not functioning 2 34 as a cooperative, the secretary shall so notify the attorney 2 35 general, who, if the attorney general finds reasonable cause 3 1 so to believe, shall bring action to oust it and wind up its 3 2 affairs. 3 3 Sec. 10. Section 499.73, subsection 4, Code 1999, is 3 4 amended to read as follows: 3 5 4. An association may also appoint or change its 3 6 registered office or registered agent in itsannualbiennial 3 7 report. 3 8 Sec. 11. Section 499.76, subsection 1, Code 1999, is 3 9 amended to read as follows: 3 10 1. The association has not deliveredan annuala biennial 3 11 report to the secretary of state in a form that meets the 3 12 requirements of section 499.49, within sixty days after it is 3 13 due. 3 14 Sec. 12. Section 501.106, subsection 4, Code 1999, is 3 15 amended to read as follows: 3 16 4. A cooperative may also change its registered office or 3 17 registered agent in itsannualbiennial report. 3 18 Sec. 13. Section 501.701, subsection 5, paragraph g, Code 3 19 Supplement 1999, is amended to read as follows: 3 20 g. Its most recentannualbiennial report delivered to the 3 21 secretary of state under section 501.713. 3 22 Sec. 14. Section 501.713, subsection 1, unnumbered 3 23 paragraph 1, Code Supplement 1999, is amended to read as 3 24 follows: 3 25 Each cooperative authorized to transact business in this 3 26 state shall deliver to the secretary of state for filingan3 27annuala biennial report that sets forth all of the following: 3 28 Sec. 15. Section 501.713, subsections 2 through 5, Code 3 29 Supplement 1999, are amended to read as follows: 3 30 2. Information in theannualbiennial report must be 3 31 current as of the first day of January of the year in which 3 32 the report is due. The report shall be executed on behalf of 3 33 the cooperative and signed as provided in section 501.105 or 3 34 by any other person authorized by the board of directors of 3 35 the cooperative. 4 1 3. The firstannualbiennial report shall be delivered to 4 2 the secretary of state between January 1 and April 1 of the 4 3 first even-numbered year following the calendar year in which 4 4 a cooperative was organized. Subsequentannualbiennial 4 5 reports must be delivered to the secretary of state between 4 6 January 1 and April 1 of the following even-numbered calendar 4 7 years. A filing fee for theannualbiennial report shall be 4 8 determined by the secretary of state. 4 9 4. Ifan annuala biennial report does not contain the 4 10 information required by this section, the secretary of state 4 11 shall promptly notify the reporting cooperative in writing and 4 12 return the report to the cooperative for correction. 4 13 5. The secretary of state may provide for the change of 4 14 registered office or registered agent on the form prescribed 4 15 by the secretary of state for theannualbiennial report, 4 16 provided that the form contains the information required in 4 17 section 501.106. If the secretary of state determines thatan4 18annuala biennial report does not contain the information 4 19 required by this section but otherwise meets the requirements 4 20 of section 501.106 for the purpose of changing the registered 4 21 office or registered agent, the secretary of state shall file 4 22 the statement of change of registered office or registered 4 23 agent, effective as provided in section 501.105, before 4 24 returning theannualbiennial report to the cooperative as 4 25 provided in this section. A statement of change of registered 4 26 office or agent pursuant to this subsection shall be executed 4 27 by a person authorized to execute theannualbiennial report. 4 28 Sec. 16. Section 501.811, subsection 1, Code 1999, is 4 29 amended to read as follows: 4 30 1. The cooperative has not deliveredan annuala biennial 4 31 report to the secretary of state in a form that meets the 4 32 requirements of section 501.713, within sixty days after it is 4 33 due, or has not paid the filing fee as determined by the 4 34 secretary of state, within sixty days after it is due. 4 35 EXPLANATION 5 1 This bill amends a number of provisions which provide for 5 2 filing reports with the secretary of state. 5 3 The bill amends Code section 9H.9, which provides for the 5 4 filing of reports by meat processors regarding the number of 5 5 head of livestock fed and slaughtered. Generally, the reports 5 6 must be filed for the processor's calendar or fiscal year. 5 7 Subsection 2 of Code section 9H.9 currently requires that the 5 8 processor file information about the total number of hogs and 5 9 cattle owned and fed more than 30 days by the processor during 5 10 the preceding calendar year. This bill provides that the 5 11 information may be based on a calendar or fiscal year, 5 12 consistent with the other provisions. 5 13 Prior to 1998, a number of different Code chapters required 5 14 persons to file reports with the secretary of state. Several 5 15 of these chapters required reports to be filed by corporate 5 16 entities holding agricultural land in this state. Code 5 17 section 9H.5A required reports to be filed by corporations, 5 18 including authorized corporations; limited partnerships; 5 19 trusts; and limited liability companies. Code section 501.103 5 20 required reports to be filed by cooperative corporations (now 5 21 referred to as "cooperatives"). Code section 567.8 required 5 22 reports to be filed by nonresident aliens, foreign businesses, 5 23 and foreign governments. In 1998, the general assembly 5 24 enacted House File 2335, which combined these reporting 5 25 requirements into several provisions in Code chapter 10B. The 5 26 Act also provided that reporting requirements under those 5 27 other chapters were suspended until July 1, 2000. This bill 5 28 provides that the reporting requirements found in the other 5 29 chapters are permanently suspended. 5 30 In 1997, the general assembly enacted House File 637 (1997 5 31 Iowa Acts, ch. 171), which provided that a number of corporate 5 32 entities organized under various provisions of the Code were 5 33 required to file reports with the secretary of state on a 5 34 biennial rather than annual basis. However, the Act did not 5 35 change the filing requirement for all corporate entities, and 6 1 it did not amend provisions in all chapters where biennial 6 2 filing was required. 6 3 This bill changes the reporting requirement for foreign 6 4 public utility corporations organized under Code chapter 495 6 5 and professional corporations and foreign professional 6 6 corporations organized under Code chapter 496C. The bill 6 7 requires biennial reporting for those entities. 6 8 This bill amends various sections in chapters where 6 9 biennial reporting is required in order to provide consistency 6 10 with other provisions in the chapters. Thus, the bill amends 6 11 provisions governing cooperative associations organized under 6 12 Code chapters 497, 498, and 499, to require biennial rather 6 13 than annual reporting in all relevant sections. 6 14 In 1996, the general assembly enacted Senate File 2135 6 15 (1996 Iowa Acts, ch. 1010), which created cooperative 6 16 corporations eligible to hold agricultural land. The Act 6 17 provided for the filing of annual reports with the secretary 6 18 of state. In 1998, the general assembly amended the chapter 6 19 in Senate File 2404 (1998 Iowa Acts, ch. 1152). That Act 6 20 changed the name of these entities to simply cooperatives and 6 21 made a number of other changes based on provisions in Code 6 22 chapter 490 governing corporations. The Act provided for the 6 23 filing of an annual report, but also referred to a biennial 6 24 report requirement. In 1999, the general assembly enacted 6 25 Senate File 102 (1999 Iowa Acts, ch. 96), the nonsubstantive 6 26 Code editor's bill. The Act corrected the reference to an 6 27 annual report. 6 28 This bill provides that reports filed by cooperatives under 6 29 Code chapter 501 must also be filed on a biennial basis. 6 30 LSB 5278DP 78 6 31 da/gg/8.3
Text: SSB03172 Text: SSB03174 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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