National Registered Agents, Inc.
NRAI Compliance Updates
 
December 2008
Greetings,

There are several Bills of note this month. Montana has introduced a "Low profit limited Liability Act". New Jersey has introduced a Bill to establish a business court to handle commercial disputes and issues.

Next month legislatures commence the new term and there will be a flood of new bills introduced.

Happy Holidays to you all!
 
Robert K. Rowell
General Counsel

 

California

HB 11


An Act relating to taxation, Corporate reorganization: built-in losses.

Full Text available at: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_11_bill_20081201_introduced.html

Current Bill Status: December 2, 2008, received from printer. May be heard in committee January 1, 2009.


Missouri

HB 86


Changes the threshold amount used in calculating the corporate franchise tax rate. Beginning January 1, 2010, this bill increases the outstanding shares and surplus threshold amount used to calculate a corporation's annual franchise tax from $1 million to $10 million.

Full Text available at: http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0086I.htm

Current Bill Status: December 2, 2008, prefiled.


Montana

LD 321


A Bill for an Act entitled: "an Act establishing a registration system for charities; providing a penalty for failure to register; providing a statutory appropriation; amending section 17-7-502, <CA; and providing an effective date.

Full Text available at: http://data.opi.mt.gov/bills/2009/lchtml/LC0321.htm

Current Bill Status: December 5, 2008, pre-introduction letter sent.


LD 934

A Bill for an act entitled: "an act defining a low-profit limited liability company; providing naming requirements for low-profit limited liability companies; providing for administrative dissolution of low-profit limited liability companies; and amending sections 15-30-101, 35-8-102, 35-8-103, and 35-8-209, MCA."

Full Text available at: http://data.opi.mt.gov/bills/2009/lchtml/LC0934.htm

Current Bill Status: December 12, 2008 Draft in Assembly/Executive Director Review.

New Jersey

AB1128/SB 642

Senate Bill No. 642 of 2008 would establish a Business Court as a court of limited jurisdiction very similar to the current Tax Court. The Business Court would have jurisdiction with respect to business and commercial disputes involving contracts; the Uniform Commercial Code; banking; insurance; commodities; securities; corporations; non-profit corporations; partnerships; limited liability entities and associations; business trusts; competition among businesses; business reorganizations; dispositions of businesses; business combinations; shareholder, partner and member disputes; intellectual property matters; the termination of services to a business or an agreement not to compete; employment agreements with an executive officer or manager; and other commercial disputes as provided by the court rules. The Business Court would also hear certain private actions authorized under federal law which may be heard in State court pursuant to which a federal agency regulates certain matters. The bill sets forth certain other instances such as business and commercial disputes where the parties to a contract have agreed in writing that the Business Court shall have jurisdiction.

Full Text available at:http://www.njleg.state.nj.us/2008/Bills/S1000/642_I1.HTM

Current Bill Status: December 10, 2008, introduced.


Texas

SB 323

Relating to the franchise tax liability of certain taxable entities during an initial period of operation.

Full Text available at: http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/SB00323I.htm this is enabling legislation for SJR 15 which may be found at: http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/SJ00015I.htm

Current Bill Status: Filed November 24, 2008


Virginia

HB 1640

Form of deeds and deeds of trust. Provides that when a corporation, partnership, limited partnership, business trust, or limited liability company is the grantee of a deed or the grantor of a deed of trust, the deed or deed of trust shall contain the names of the registered agents and the directors, officers, partners, etc., of these various business entities.

Full Text available at: http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB1640

Current Bill Status: December 10, 2008, in House Committee Referral Pending.


Wyoming

HD 128

AN ACT relating to corporations; updating statutes to comply with the model corporations act; and providing for an effective date.

Full Text Not Currently Available.

Current Bill Status: November 24, 2008, draft text released


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