House File 427 - Introduced



                                       HOUSE FILE       
                                       BY  SWAIM


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the establishment of certain fees relating
  2    to nonprofit corporations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2491HH 81
  5 av/gg/14

PAG LIN



  1  1    Section 1.  Section 504.113, subsections 1 and 2, Code
  1  2 2005, are amended by striking the subsections and inserting in
  1  3 lieu thereof the following:
  1  4    1.  The secretary of state shall collect fees as
  1  5 established by the secretary of state by rule, except where
  1  6 this subsection provides for no fee, when the documents
  1  7 described in this subsection are delivered for filing:
  1  8    a.  Articles of incorporation.
  1  9    b.  Application for use of indistinguishable name.
  1 10    c.  Application for reserved name.
  1 11    d.  Notice of transfer of reserved name.
  1 12    e.  Application for registered name.
  1 13    f.  Application for renewal of registered name.
  1 14    g.  Corporation's statement of change of registered agent
  1 15 or registered office or both.
  1 16    h.  Agent's statement of change of registered office for
  1 17 each affected corporation.
  1 18    i.  Agent's statement of resignation == no fee.
  1 19    j.  Amendment of articles of incorporation.
  1 20    k.  Restatement of articles of incorporation with
  1 21 amendments.
  1 22    l.  Articles of merger.
  1 23    m.  Articles of dissolution.
  1 24    n.  Articles of revocation of dissolution.
  1 25    o.  Certificate of administrative dissolution.
  1 26    p.  Application for reinstatement following administrative
  1 27 dissolution.
  1 28    q.  Certificate of reinstatement == no fee.
  1 29    r.  Certificate of judicial dissolution == no fee.
  1 30    s.  Application for certificate of authority.
  1 31    t.  Application for amended certificate of authority.
  1 32    u.  Application for certificate of withdrawal.
  1 33    v.  Certificate of revocation of authority to transact
  1 34 business == no fee.
  1 35    w.  Biennial report.
  2  1    x.  Articles of correction.
  2  2    y.  Application for certificate of existence or
  2  3 authorization.
  2  4    z.  Any other document required or permitted to be filed by
  2  5 this chapter.
  2  6    2.  The secretary of state shall collect a fee upon being
  2  7 served with process under this chapter.  The party to a
  2  8 proceeding causing service of process is entitled to recover
  2  9 the fee paid to the secretary of state as costs if the party
  2 10 prevails in the proceeding.
  2 11    Sec. 2.  Section 504.1613, subsection 4, paragraph b, Code
  2 12 2005, is amended to read as follows:
  2 13    b.  A filing fee for the biennial report shall be
  2 14 determined by the secretary of state by rule pursuant to
  2 15 section 504.113.
  2 16                           EXPLANATION
  2 17    This bill provides that fees for filing various documents
  2 18 with the secretary of state pursuant to the revised nonprofit
  2 19 corporation Act contained in Code chapter 504 shall be
  2 20 established by the secretary of state by administrative rule.
  2 21 LSB 2491HH 81
  2 22 av:rj/gg/14