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Delaware Boat Registration Series – Part 2

Delaware boat registrationIn 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 No Comments

Arizona Senate Bill 1272

Arizona Senate Bill 1272Incorporating 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.

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.

Amanda No Comments

Certificate of Incumbency – What is it?

Certificate of IncumbencyA 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, a 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.

Amanda No Comments

Delaware Boat Registration Series – Part 1

delaware boat registration“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 31st, 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.

Gennine No Comments

Delaware House Bill 175 Passed

Delaware House Bill 175, passed on July 2nd, alters various fees assessed by the Delaware Secretary of State.  The Bill Synopsis is as follows:

“This Act alters various fees assessed by the Delaware Secretary of State. The Act provides that most changes to the fees and taxes assessed will take effect on August 1, 2017; however increases to the maximum franchise tax and the late penalty for the filing of an annual franchise tax report shall take effect for the tax year beginning January 1, 2017, and the increase of the assumed par value multiplier for calculation of the corporate franchise tax and the authorized shares multiplier for corporations with greater than 10,000 authorized shares for calculation of the corporate franchise tax shall take effect for the tax year beginning on January 1, 2018.”

Click here to read Delaware House Bill 175 in detail.

If you have any questions or need assistance with annual reports or franchise taxes, please do not hesitate to contact us.

Amanda No Comments

Legislative Changes in Washington Take Effect This Month

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.

Washington has enacted the following business entity legislation (Laws of 2017), effective July 23, 2017.  Amendments relevant to corporate services:

Senate Bill 5011

Business Corporation Act Amendments:

  • Authorizes ratification of defective corporate acts, including over-issuances of stock, with a related required filing of a Articles of Validation if the defective act that is validated required a filing to be made.
  • Authorizes parent/subsidiary mergers with a subsidiary surviving (i.e. downstream short form mergers).

The Bill may be accessed at http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Senate%20Passed%20Legislature/5011.PL.pdf

Senate Bill 5040

Business Organizations Code Amendments:

  • Revises contents of foreign entity status certificates issued by the Secretary of State.
  • Revises contents of business corporation Annual Reports.
  • Clarifies that the tax clearance requirement upon foreign withdrawal applies to only foreign corporations.

Partnership Law Amendment:

  • Requires LLPs to file an Annual Report instead of an Annual Notice.

The Bill may be accessed at http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Senate%20Passed%20Legislature/5040.PL.pdf

Gennine No Comments

Illinois Makes Changes to Limited Liability Company Act

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.

Illinois Secretary of State has issued changes to their Limited Liability Company (LLC) Law.  Effective 7/1/2017.

To read the Administrative Changes of Note issued by the Illinois Secretary of State click here:
Administrative Changes of Note to the LLC Law

To read the HB 4361 in its entirety:
http://www.ilga.gov/legislation/publicacts/99/PDF/099-0637.pdf

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

Amanda No Comments

Business Law Changes in Vermont & Connecticut – Effective July 1st

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.

Please see below for details about the business law changes in Vermont and Connecticut that will take effect on July 1, 2017.

Vermont House Bill 868, Laws of 2016, effective July 1, 2017, has amended the Business Corporation Act as follows:

 

  • Authorizes domestic corporations to convert to a wide variety of domestic entities, and such domestic and foreign entity types to convert to a domestic corporation.
  • Expands the types of entities with which domestic corporations are authorized to merge.
  • Authorizes domestic corporations to domesticate to a foreign corporation, and a foreign corporation to domesticate to domestic corporation.
  • Omits specific reference to parent/subsidiary (short form) mergers.

The Bill may be accessed at:  http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/H-0868/H-0868%20As%20Passed%20by%20Both%20House%20and%20Senate%20Official.pdf (see Sections E.1. & E.2. of the Bill)

 

Connecticut House Bill 5259, Laws of 2016, as further amended by House Bill 7311, Laws of 2017, has enacted a new LLC law, effective July 1, 2017.  The new law repeals the old law as of the effective date so the new law applies to all LLCs as of that date.  The following sets forth changes as affecting our services and materials:

 

Name

  • Expands protection of name to all entity types on record (formerly, just corporations, LLCs & LPs).
  • Removes protection of administratively dissolved entity names.
  • Provides that entity indicators (e.g. Corp.) are not to be considered by the Secretary of State as a sufficiently distinguishing element between names.
  • Does not provide for renewability of name reservations.
  • Authorizes foreign LLC name registration for renewable one-year periods.

Annual Report

  • Changes the Annual Report due date to April 1 for all LLCs (formerly, the anniversary month of formation or registration).  The State advised that filing in 2017 will proceed under the current requirement.  Accordingly, the first returns and payments to which the new requirement applies will be those due on or before April 1, 2018.

Domestic Amendment

  • Requires a domestic amendment filing where a manager or member knows that any information in the Certificate of Organization is inaccurate.

Foreign LLCs

  • Institutes mandatory foreign amendment triggering events for change of name and home state.
  • Revises post-merger filing by requiring the filing of an Application for Transfer of Registration upon merger of a registered foreign LLC into an unregistered foreign entity (formerly, withdrawal and registration of the surviving entity was required).
  • Provides for a $120 filing fee for Foreign Withdrawal (formerly, no fee).
  • Requires a Statement of Withdrawal to be filed for Foreign Withdrawal (formerly, Certificate of Cancellation).

Miscellaneous

  • Generally requires LLC filings to be signed by an authorized person (formerly, by a member or manager).
  • Authorizes delayed effective dates up to 90 days after filing except for formation and foreign registration filings.
  • Authorizes withdrawal of filings made with the Secretary of State before the filing has become effective.
  • Authorizes correction filings.
  • Revises prescribed contents of a Certificate of Organization (no purposes or statement of management) and Certificate of Registration (no purposes).
  • Revises prescribed contents of Annual Reports and status certificates issued by the Secretary of State.

The Bill can be accessed through the following the following link: https://www.cga.ct.gov/2016/ACT/pa/pdf/2016PA-00097-R00HB-05259-PA.pdf .

Amanda No Comments

Rhode Island Amends Nonprofit Corporation Law

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.

Rhode Island House Bill 5647 and Senate Bill 618, effective June 19, 2017, amend the nonprofit corporation law by substituting the supporting document to be filed upon foreign qualification from a copy of the corporation’s charter to a status certificate (e.g. Certificate of Existence).

The State advised that they will be revising their form next week to reflect the new requirement.  However, the new requirement will be enforced immediately.

The Bills may be accessed through the following links.

HB 5647: http://webserver.rilin.state.ri.us/BillText/BillText17/HouseText17/H5647Aaa.pdf

SB 618: http://webserver.rilin.state.ri.us/BillText/BillText17/SenateText17/S0618A.pdf

Gennine No Comments

New Law for Kentucky Benefit Corporations

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.

Kentucky HB35 was signed into law by Governor Matt Bevin on March 20, 2017.  The bill authorizes the formation of public benefit corporations, and is effective 90 days after the adjournment of the legislature.

Navigate using the below link to view the entire bill:

http://www.lrc.ky.gov/recorddocuments/bill/17RS/HB35/bill.pdf

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