Report Title:

Business Registration Fees

Description:

Adjusts fees charged for business registration filings with the Business Registration Division of DCCA.

THE SENATE

S.B. NO.

2907

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO BUSINESS REGISTRATION FEES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 414-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The following fees shall be paid to the department director upon the filing of corporate documents:

(1) Articles of incorporation, $100;

(2) Articles of amendment, [$50;] $25;

(3) Restated articles of incorporation, [$50;] $25;

(4) Articles of conversion or merger, [$200;] $100;

(5) Articles of merger (subsidiary corporation), [$100;] $50;

(6) Articles of dissolution, [$50;] $25;

(7) Annual report of domestic and foreign corporations organized for profit, $25;

(8) Agent's statement of change of registered office, [$50] $25 for each affected domestic corporation or foreign corporation, except if simultaneous filings are made the fee is reduced to $1 for each affected domestic corporation or foreign corporation in excess of two hundred;

(9) Any other statement, report, certificate, application, or other corporate document, except an annual report, of a domestic or foreign corporation, [$50;] $25;

(10) Application for a certificate of authority, $100;

(11) Application for a certificate of withdrawal, [$50;] $25;

(12) Reservation of corporate name, [$20;] $10;

(13) Transfer of reservation of corporate name, [$20;] $10;

(14) Good standing certificate, $25;

(15) Special handling fee for review of corporation documents, excluding articles of conversion or merger, [$50;] $25;

(16) Special handling fee for review of articles of conversion or merger, [$150;] $75;

(17) Special handling fee for certificates issued by the department, [$25] $10 per certificate; and

(18) Special handling fee for certification of documents, [$25.] $10."

SECTION 2. Section 414-13, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department director shall charge and collect:

(1) For furnishing a certified copy of any document, instrument, or paper relating to a corporation, [$20] $10 for the certificate and affixing the seal thereto; and

(2) At the time of any service of process on the department director as agent for service of process of a corporation, [$25,] $10, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action."

SECTION 3. Section 414D-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The following fees shall be paid to the department director upon the filing of corporate documents:

(1) Articles of incorporation, $50;

(2) Articles of amendment, [$20;] $10;

(3) Restated articles of incorporation, [$20;] $10;

(4) Articles of merger, [$100;] $50;

(5) Articles of conversion, [$200;] $50;

(6) Articles of dissolution, [$20;] $10;

(7) Annual report of nonprofit domestic or foreign corporation, $5;

(8) Any other statement, report, certificate, application, or other corporate document, except an annual report, of a nonprofit domestic or foreign corporation, [$20;] $10;

(9) Application for a certificate of authority, $50;

(10) Application for a certificate of withdrawal, [$20;] $10;

(11) Reservation of corporate name, [$20;] $10;

(12) Transfer of reservation of corporate name, [$20;] $10;

(13) Good standing certificate, $25;

(14) Special handling fee for review of corporation documents, excluding articles of merger or conversion, [$50;] $25;

(15) Special handling fee for review of articles of conversion or merger, [$150;] $75;

(16) Special handling fee for certificates issued by the department, [$25] $10 per certificate;

(17) Special handling fee for certification of documents, [$25;] $10 and

(18) Agent's statement of change of registered office, [$20] $10 for each affected domestic corporation or foreign corporation; provided that if more than two hundred simultaneous filings are made, the fee shall be reduced to $1 for each affected domestic corporation or foreign corporation."

SECTION 4. Section 414D-18, Hawaii Revised Statutes, is amended to read as follows:

"[[]414D-18[]] Miscellaneous charges. The department director shall charge and collect:

(1) For furnishing a certified copy of any document, instrument, or paper relating to a corporation, [$20;] $10; and

(2) At the time of any service of process on the department director as agent for service of process of a corporation, [$25,] $10, which amount may be recovered as taxable costs by the party to the action causing the service to be made if that party prevails in the action."

SECTION 5. Section 425-12, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The following fees shall be paid to the director upon the filing of general partnership documents:

(1) Partnership registration statement, $25;

(2) Partnership change of name statement, [$25;] $10;

(3) Partnership dissolution statement, [$25;] $10;

(4) Foreign general partnership registration statement, $25;

(5) Statement of change, [$25;] $10;

(6) Application for certificate of withdrawal, [$10;] $5;

(7) Statement of correction, [$25;] $10;

(8) Reservation of name, [$20;] $10;

(9) Transfer of reservation of name, [$20;] $10;

(10) Annual statement for domestic or foreign general partnership, $10;

(11) Good standing certificate, $25;

(12) Articles of conversion[, $200;] or merger, $100;

(13) Any other statement, certificate, or other document for a domestic or foreign general partnership, [$25;] $10;

(14) Special handling fee for review of any general partnership document, [$50;] $25;

(15) Special handling fee for certificates issued by the director, [$25] $10 per certificate;

(16) Special handling fee for certification of documents, [$25;] $10;

(17) Special handling fee for review of articles of conversion[, $150;] or merger, $75; and

(18) Agent's statement of change of address, [$20] $10 for each affected foreign general partnership; provided that if more than two hundred simultaneous filings are made, the fee shall be reduced to $1 for each affected foreign general partnership.

(b) The director shall charge and collect:

(1) For furnishing a certified copy of any document, instrument, or paper relating to a general partnership, [$20] $10 for the certificate and affixing the seal thereto; and

(2) At the time of any service of process on the director as agent for service of process of a general partnership, [$25,] $10, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action."

SECTION 6. Section 425-168, Hawaii Revised Statutes, is amended to read as follows:

"425-168 Fee for recording. (a) The director shall collect the following fees for the following limited liability partnership documents:

(1) Annual report, $25;

(2) Statement of qualification, $50;

(3) Statement of foreign qualification, $100;

(4) Statement of correction, amendment, restatement, or amendment and restatement, [$50;] $25;

(5) Certificate of good standing, $25;

(6) Articles of conversion[, $200;] or merger, $100;

(7) For any other certificate, statement, or document, [$50;] $25;

(8) Certification of domestic or foreign partnership, [$20;] $10; and

(9) For each agent's statement of change of registered office, [$20] $10 for each affected domestic or foreign limited liability partnership; provided that if an agent files more than two hundred statements of change of registered office at the same time, the fee shall be reduced to $1 for each affected domestic or foreign limited liability partnership.

(b) The following special handling fees shall be assessed by the director for expeditious handling and review of the following documents:

(1) Statement of qualification, [$50;] $25;

(2) Statement of correction, amendment, restatement, or amendment and restatement, [$50;] $25;

(3) Annual report, [$50;] $25;

(4) Certification of domestic or foreign limited liability partnership, [$25;] $10;

(5) Certificate of good standing for domestic or foreign limited liability partnership, [$25;] $10;

(6) Articles of conversion or merger for domestic or foreign limited liability partnership, [$150;] $75;

(7) Statement of foreign qualification, [$50;] $25;

(8) Statement of correction, amendment, restatement, or amendment and restatement of foreign limited liability partnership, [$50;] $25;

(9) Annual report, [$50;] $25; and

(10) For any other certificate or document authorized by this subpart, [$50.] $25.

(c) The director shall charge and collect:

(1) For furnishing a certified copy of any document, instrument, or paper relating to a limited liability partnership, [$20] $10 for the certificate and affixing the seal thereto; and

(2) At the time of any service of process on the director as agent for service of process of a limited liability partnership, [$25,] $10, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action.

(d) All fees collected under this section shall be managed in accordance with section 26-9(l)."

SECTION 7. Section 425E-211, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The following fees shall be paid to the director upon the filing of limited partnership documents:

(1) Certificate of limited partnership, $50;

(2) Any certificate of amendment, restatement, or correction, [$20;] $10;

(3) Certificate of cancellation, [$20;] $10;

(4) Annual statement for domestic or foreign limited partnership, $10;

(5) Any other certificate or document of domestic or foreign limited partnership, [$20;] $10;

(6) Application for registration as a foreign limited partnership, $100;

(7) Any certificate of amendment or agent change for foreign limited partnership, [$20;] $10;

(8) Application for certificate of withdrawal of foreign limited partnership, [$20;] $10;

(9) Reservation of name, [$20;] $10;

(10) Transfer of reservation of name, [$20;] $10;

(11) Good standing certificate, $25;

(12) Articles of conversion[, $200;] or merger, $100;

(13) Special handling fee for review of articles of conversion[, $150;] or merger, $75;

(14) Special handling fee for review of any limited partnership document, [$50;] $25;

(15) Special handling fee for certificates issued by the director, [$25] $10 per certificate;

(16) Special handling fee for certification of documents, [$25;] $10; and

(17) Agent's statement of change of address, [$20] $10 for each affected foreign limited partnership; provided that if more than two hundred simultaneous filings are made, the fee shall be reduced to $1 for each affected foreign limited partnership.

(b) The director shall charge and collect:

(1) For furnishing a certified copy of any document, instrument, or paper relating to a limited partnership, [$20] $10 for the certificate and affixing the seal thereto; and

(2) At the time of any service of process on the director as agent for service of process of a limited partnership, [$25,] $10, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action."

SECTION 8. Section 428-1301, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The following fees shall be paid to the director upon the filing and issuance of records under this chapter:

(1) Articles of organization, $100;

(2) Articles of amendment, [$50;] $25;

(3) Restated articles of organization, [$50;] $25;

(4) Articles of merger or conversion, [$200;] $100;

(5) Statement of dissociation, [$50;] $25;

(6) Articles of termination, [$50;] $25;

(7) Application for reinstatement for administratively terminated limited liability company, [$50;] $25;

(8) Annual report, $25;

(9) Statement of change of designated office or agent for service of process, or both, for limited liability company or foreign limited liability company, [$50;] $25;

(10) Agent's statement of change of address, [$50] $25 for each affected domestic limited liability company or foreign limited liability company; provided that if more than two hundred simultaneous filings are made, the fee shall be reduced to $1 for each affected domestic limited liability company or foreign limited liability company;

(11) Any other statement or document of a domestic or foreign limited liability company, [$50;] $25;

(12) Application for certificate of authority for foreign limited liability company, $100;

(13) Application for cancellation of authority of foreign limited liability company, [$50;] $25;

(14) Reservation of name, [$25;] $10;

(15) Good standing certificate, $25;

(16) Any other record not otherwise covered in this part, [$50;] $25;

(17) Certified copy of any record relating to a limited liability company or foreign limited liability company, [$20] $10 for the certificate and affixing the seal thereto;

(18) Special handling fee for review of any record other than articles of merger or conversion, [$50;] $25;

(19) Special handling fee for review of articles of merger or conversion, [$150;] $75;

(20) Special handling fee for certificate issued by the director not otherwise covered by this section, [$25] $10 per certificate;

(21) Special handling fee for certification of record, [$25;] $10; and

(22) Any service of notice, demand, or process upon the director as agent for service of process of a limited liability company or foreign limited liability company, [$25,] $10, which amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

_____________________________

BY REQUEST