August 2017 Archives

Incserv August 30, 2017 No Comments

Boat Registration Series Part 3-US Coast Guard Vessel Documentation

Our Delaware Boat Registration Series has covered how to register your boat in Delaware, as well as how to renew, transfer and deflag or delete your boat registration. In this final blog of the Delaware Boat Registration Series, we won’t cover Delaware at all, but rather the US Coast Guard. Through the National Vessel Documentation Center, the US Coast Guard facilitates documentation.

What is vessel documentation? This is essentially federal level boat registration. However, not just anyone can register their boat or vessel with the US Coast Guard. There are specific requirements a vessel must meet.

What are the requirements for vessel documentation? A vessel must measure at least five net tons and be wholly owned by a US citizen.

What is net tonnage? Per the US Coast Guard, “Net tonnage is a volumetric measure of a vessel’s useful capacity, for which a number of different measurement systems are in use worldwide. U.S. law requires tonnage measurement for any vessel for which the application of a U.S. law depends on the vessel’s tonnage. Owners of U.S. vessels less than 79 feet in length may choose measurement under one of two older U.S. Formal Measurement Systems (the Standard or Dual Regulatory Measurement Systems), or the U.S. Simplified Regulatory Measurement System. The U.S. tonnage measurement program is administered by the Coast Guard Marine Safety Center (MSC).”

What are the requirements for vessel documentation? The basic requirements for US Coast Guard documentation are to demonstrate ownership of the vessel, US citizenship, and eligibility for the endorsement sought.

For more information about US Coast Guard vessel documentation, check out the National Vessel Documentation Center’s website. If you have additional questions or need assistance, give us a call or email us.

Gennine Cooper August 29, 2017 No Comments

New Hampshire Corporate Law Updates

Incorporating Services, Ltd. (Incserv) is an active member of the National Public Records Research Association (NPRRA). One of the many benefits of this membership is the continuous flow of information from other members regarding changes in policy, law and processing of public records searching and filing across the US. We received the below information from the NPRRA.

New Hampshire has enacted the following legislation, effective as noted:

Senate Bill 42, Laws of 2017, effective August 27, 2017, has amended the business and nonprofit corporation laws by repealing the requirement that a public hearing be held in connection with domestic reinstatements. This applies to late reinstatements for business corporations.

The Bill may be accessed at http://www.gencourt.state.nh.us/bill_status/billText.aspx?sy=2017&v=HP&id=916.

Senate Bill 18, Laws of 2017, effective August 28, 2017, has amended the business corporation and LLC laws by authorizing revoked foreign corporations and foreign LLCs to apply for reinstatement.

The Bill may be accessed at http://www.gencourt.state.nh.us/bill_status/billText.aspx?sy=2017&id=918&txtFormat=pdf&v=current.

If you have questions or need assistance, feel free to contact us or call 800-346-4646.

Incserv August 24, 2017 No Comments

Certificate of Incumbency – Who? Why? How?

Earlier in the month, we answered the question “What is a Certificate of Incumbency?” (In case you missed the blog post – click here to read what we had to say.) In this week’s blog, we are covering the “Who?” the “Why?” and the “How?” of Incumbency Certificates.

Who needs a Certificate of Incumbency? Most often our International clients with US businesses are the clients requesting this type of document.

Why do clients request Incumbency Certificates? When entering into financial or other legally binding transactions, a certificate may be requested to prove the named individuals are authorized by the company. The certificate confirms the identity of the corporation’s signing officers or in the case of an LLC, the members and managers of the company. It may also name directors and shareholders and confirm other minute book contents.

How do I obtain a Certificate of Incumbency? Just give us a call or email us. As the registered agent for your entity, we can prepare the document for you. All you need to do is provide us with copies of your internal documentation, such as meeting minutes from your corporate minute book. If we’re not the Registered Agent, ask us about changing your Registered Agent to Incorporating Services, Ltd.

If you have additional questions or need assistance with obtaining a certificate, give us a call or email us. We’re always happy to help you out in any way we can. Just remember, we can’t give legal or tax advice. You’ll have to contact an attorney or CPA for that.

Incserv August 16, 2017 No Comments

Delaware Boat Registration Series – Part 2

In part one of our three part Delaware Boat Registration series we answered some frequently asked questions about how to register your boat in Delaware. Here in part two, we’re covering boat registration renewals, transfers, and deflagging/deleting.

When can I renew my Delaware boat registration? As mentioned in part one, Delaware boat registrations run on a calendar year. Beginning mid-October, registration renewal opens up. Therefore if your registration expires December 31st, you may renew beginning in mid-October.

What information do I need to renew my Delaware boat registration? You will need the information from your original registration, such as the hull number, boat registration/DL number and the exact individual or company name your boat is registered under. Please note if your boat is registered under a company name, the company needs to be in good standing with the State of Delaware and with its registered agent.

I need to renew, but my address needs to be changed. How do I change the address on my registration? Your address can be updated during the renewal or transfer process.

Can I use your address on my registration? Yes. If you’re an Incserv registered agent client, you can use our address on the registration.

How do I transfer my Delaware boat registration? Transferring registration is simple. You’ll need a notarized bill of sale and then you will complete a new application. For all the details on new applications, click here to check out part one of our series.

Can I deflag or delete my Delaware boat registration? Deleting your Delaware Boat registration is also commonly referred to as deflagging your boat. Like transferring registration, the process is easy. All you need is the registration number. This is the number that starts with DL on your registration card. The Delaware Department of Natural Resources (DNREC) can then produce a deletion letter. If the deletion letter needs to be apostilled for use abroad, we can help with that too!

As always, if you have additional questions or need assistance with boat registration, renewal, transfer, and/or deletion, give us a call or email us. We would be happy to help, as we courier boat registrations back and forth to DNREC several times a week for our clients.

Gennine Cooper August 15, 2017 No Comments

Arizona Senate Bill 1272

Arizona Senate Bill 1272 (2017 session), effective August 9, 2017, made various changes to the Arizona corporations law.

Procedural changes resulting from this bill include the following:

The Arizona Corporations Commission (“ACC”) will no longer automatically return a copy of approved documents. Instead, the ACC will only automatically return an approval letter.
The ACC will continue to return copies of rejected documents along with a rejection letter.
The Statement of Change of Known Place of Business Address or Statutory Agent forms for corporations (domestic and foreign) and LLCs (domestic and foreign) have been revised, as the requirements for both have been somewhat simplified.
There is now a six-month suspension of the annual report requirements for domestic and foreign corporations that voluntarily file for dissolution or withdrawal. However, if the voluntary dissolution is not completed within that six month period, the annual report and any related fees (including any late filing penalties) will be due. The ACC has recommended that a tax clearance certificate be obtained and submitted with the dissolution or withdrawal filing to help avoid any penalty fees from accruing.
Foreign nonprofit corporations are no longer required to file applications for new authority when they amend their name, duration, or home jurisdiction. They can now file Articles of Amendment to Application for Authority with a certified copy of the amendment instead.
LLCs whose latest date to dissolve has passed can now be administratively dissolved. The ACC has advised that there are several thousand LLCs on their records that may be administratively dissolved due to this change, starting on August 9, 2017.

A copy of this bill is available here: https://apps.azleg.gov/BillStatus/GetDocumentPdf/451387

The ACC has also published a legislative update regarding this bill on their website here: http://www.azcc.gov/Divisions/Corporations/Legislative-changes-update-July-2017.pdf

If you have questions or need assistance, feel free to contact us or call 800-346-4646.

Incserv August 9, 2017 No Comments

Certificate of Incumbency – What is it?

A Certificate of Incumbency is a document that confirms the identity of individuals within a company. This document may also be known as a Statement of Incumbency or Incumbency Certificate. Depending on the type of company, the document may identify the members and managers or the officers and shareholders of the company. When opening a foreign bank account, this may be one of the documents requested.

A Certificate of Incumbency may include information such as:

When and where the company was formed, as well as the state file number
Registered Agent details for the company
Names and titles of company officials
Shareholder names, titles, and stock ownership details
Status in the jurisdiction of formation

The details within the document are based upon the company’s state registration records and internal documentation, such as meeting minutes. The internal documents used to prepare the document are attached to the certificate. Many times, a Certificate of Good Standing from the jurisdiction of record is also obtained and attached as further proof. The document is then notarized.

Often times, the document is drafted by the agent of record. Other times, the document may be drafted and executed by the company and sent to the agent of record. In cases such as this, an affidavit is drafted by the agent of record and attached. Dependent upon where the document is destined to be used, the document may then be apostilled by the state of record.

If you have additional questions or need assistance with obtaining a Certificate of Incumbency, give us a call or email us. Please note – we must be the Registered Agent of a company in order to prepare a Certificate of Incumbency. If you require a Certificate of Incumbency and we are not the Registered Agent, ask us about changing your Registered Agent to Incorporating Services, Ltd.

Incserv August 2, 2017 No Comments

Delaware Boat Registration Series – Part 1

“How does Delaware boat registration work?” or “I need to register my boat in Delaware. Can you help?” are questions we often hear from clients. Good news! The Delaware boat registration process is relatively quick and painless. Read on to get all the details broken down in an easy to follow question and answer format.

What documents will I need for my Delaware boat registration? All boats / vessels will need a completed Delaware Department of Natural Resources (DNREC) boat registration application. New boats will also need a copy of the Manufacturer’s Certificate of Origin (MCO) or Builder’s Certificate assigned to purchaser(s) and Bill of Sale if Certificate of Origin or Builder’s Certificate is not assigned to purchaser(s), and a Federal or State Issued ID, such as a driver’s license or passport. For used boats, a copy of the title, registration (non-title states only), federal documentation (photocopy of seller’s most recent Certificate of Documentation), and if applicable, a lien release must accompany the application. In many cases, a copy of notarized bill of sale with complete description of the vessel is also needed.

How long does the Delaware boat registration process take? Once we have all of your documentation, we can email you proof of registration within about three (3) business days. Originals will then be mailed or sent overnight.

What does the State of Delaware provide as proof of registration for my boat/vessel? DNREC provides a boat registration card and two (2) decals. A verification letter can also be obtained, if needed.

What does the Delaware boat registration card look like? The Delaware boat / vessel registration card is printed on white paper. They no longer provide a blue plastic registration card.

How long is Delaware boat registration good for? Delaware boat / vessel registrations are available in annual or three-year increments. Registration runs on a calendar year and is not prorated. Therefore, the fees will be the same and your registration will expire on December 31^st, whether you register your boat/vessel in January or October.

What is the cost for a Delaware boat registration? Fees vary depending on the size of the boat and whether you choose a one (1) year or three (3) year registration term. For example, in 2017, a 10’ boat/vessel registered for one (1) year, is $20, but a 49’ boat / vessel registered for three (3) years is $300.

If you have additional questions or need assistance with Delaware boat registration, give us a call or email us. We would be happy to help, as we courier boat registrations back and forth to DNREC several times a week for our clients.