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New Things Are Happening In DC!

As you know, Washington, DC is the Capital of the United States. It’s busy and exciting! Right now there are so many new things happening in Washington, DC.

Check out our DC Special Report below!

Apostille and Notary Certificates – The DC Government has changed the look of their Apostille and Notary Certificates. They are now blue and on watermark paper. In addition, the notary certificates no longer have ribbons attaching the pages but are uniform with the Apostille certificates.

Business Licensing – DC Business Licensing has simplified its processes for obtaining a NEW general business license. We can submit an electronic request and print the licenses out same day, if approved by the division. This enables us to monitor the status of your request and be aware should the division have any questions.

Office of the Comptroller of Currency (OCC) – Every federal agency, including the OCC, quotes 20 business days for processing and most times, requests really do take this long to be returned. Our DC office now has the ability to track the progress of requests submitted to the OCC online. We will continue to pick up the original document(s) from the office. This new process is cutting the processing time down for certificates of corporate existence to 7-10 business days. All other copy retrieval requests are still running about 15-20 business days for processing but we hope the new system will continue to improve the turnaround times.

DCRA Biennial Report Deadline – All entities that were required to file its biennial report with the Department of Consumer & Regulatory Affairs (DCRA), Corporations Division this year and did not by the final due date of August 31st have now been revoked as of September 1st. However, don’t worry; if you inadvertently overlooked the deadline, you can still restore the status of your company by filing a reinstatement application and your two-year report. Incserv can assist with submitting your filings over the counter and have you back in good standing in as little as one to three days.

Hague Apostille Convention – Just a reminder, Chile, became a Hague Apostille Country as of August 30, 2016. If your documents are state-issued or have been notarized, you can now obtain an Apostille on the state level. If your document is a federally issued document, you will need to obtain your apostille from the U.S. Department of State. There is no need to go to the embassy any longer for full legalization.

For assistance in Washington, DC or to learn more about any of the above mentioned services, contact our office at dcorders@incserv.com.

The information within this post is intended for general information purposes only. Incserv and its employees cannot offer legal or financial advice. Please consult with your legal counsel for assistance in how this information may or may not affect you and your business prior to making any decisions. The above information (and any attachments) should be judged accordingly.

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DE Secretary Of State Cut-Off Times Altered!

On Thursday, September 8, 2016 an Employee Recognition Luncheon is planned for all the employees of the Delaware Secretary of State – Division of Corporations. State services have been altered.

All 30 Minute and One-Hour service filings must be received prior to 6:00 PM (ET)and Two-Hour service filings will need to be received prior to 5:00 PM (ET). All other cut-off times will remain unchanged.

We will be able to secure filing dates and times until 12:00 AM (ET).

To meet these deadlines, Incserv must receive all filings AT LEAST 15 MINUTES before the DE SOS corresponding cut-off times.

Incserv will have full-staff available to meet all of your corporate and UCC needs. Contact us via email or call 800.346.4646 (International callers please dial 302.531.0855).

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Florida Has Declared A State Of Emergency!

The Governor of Florida has declared a State of Emergency as they brace themselves for Tropical Storm Hermine. Governor Scott announced, “Today, in preparation for Tropical Storm Hermine, I have ordered the closure of state offices and buildings in 51 counties at noon. Our employees work very hard and their safety is of the upmost importance.”

As of now, state offices will be closed in the following counties:
ALACHUA, BAKER, BAY, BRADFORD, BREVARD, CALHOUN, CITRUS, CLAY, COLUMBIA, DIXIE, DUVAL, ESCAMBIA, FLAGLER, FRANKLIN, GADSDEN, GILCHRIST, GULF, HAMILTON, HERNANDO, HILLSBOROUGH, HOLMES, JACKSON, JEFFERSON, LAFAYETTE, LAKE, LEON, LEVY, LIBERTY, MADISON, MANATEE, MARION, NASSAU, OKALOOSA, ORANGE, OSCEOLA, PASCO, PINELLAS, POLK, PUTNAM, SANTA ROSA, SARASOTA, SEMINOLE, ST. JOHNS, SUMTER, SUWANNEE, TAYLOR, UNION, VOLUSIA, WAKULLA, WALTON, AND WASHINGTON

Decisions regarding Friday, September 2nd will be made after further weather updates. If you have business matters pertaining to Florida, please take this into consideration when planning. Please contact us or check back here for updated information.

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Law Change Affects Conversions in NC

Law Change Affects Conversions in NC

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 on Monday, August 29, 2016.

North Carolina SB 482 (Session Law 2016-114) was signed into law by North Carolina Governor Pat McCrory on July 28, 2016. Amongst other things, the law is amended to allow the conversion of a charitable or religious corporation to a LLC, if the sole member of the surviving entity immediately after the conversion is a charitable or religious corporation. The bill is effective October 1, 2016.

SECTION 3, G.S. 57D-9-20 reads as rewritten: Ҥ 57D-9-20. Conversion:

(a) An eligible entity other than an LLC may convert to an LLC if both of the following requirements are met:

(1) The conversion is permitted by the law governing the organization and internal affairs of the converting entity.

(2) The converting entity complies with the requirements of this Part and, to the extent applicable, the law governing its organization and internal affairs immediately before the conversion.

(b) The conversion of a charitable or religious corporation to an LLC is permitted by law if the sole member of the surviving entity immediately after the conversion is a charitable or religious corporation. This subsection shall not limit the ability of an eligible entity to convert to an LLC if otherwise permitted by law.

(c) For purposes of this section, charitable or Religious Corporation shall be as defined in G.S. 55A-1-40(4).”

For information and to read the full bill please go to: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015&BillID=s482

For assistance in North Carolina with Charitable or Religious Corporations, contact our office at ncorders@incserv.com.

The information within this post is intended for general information purposes only. Incserv and its employees cannot offer legal or financial advice. Please consult with your legal counsel for assistance in how this information may or may not affect you and your business prior to making any decisions. The above information (and any attachments) should be judged accordingly.

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Navigating D.C.’s Airbnb Rules & Regs

We are pleased to share the below article written by Ms. Valerie M. Blake of Keller Williams Realty in Washington, DC. The article appeared on August 28, 2016 on the website Washington Blade. An excerpt of the article is displayed below. Please click on the link at the end of the excerpt to read the article in its entirety.

Thinking of renting your D.C. home on Airbnb? There’s a long list of rules and regulations to navigate.

Have you ever awakened in the middle of the night and stumbled into the bathroom only to find a stranger there? If so, then either you were very drunk the night before and forgot who you brought home or you may be renting part of your home with Airbnb.

Airbnb, Inc. was founded in San Francisco in August 2008 as a peer-to-peer (P2P) service to make short-term housing available to business and vacation travelers who prefer the ambiance of a home to the sterility of a hotel. Properties are now available to rent in nearly 200 countries worldwide.

Eight years later, however, we are still struggling with the legality, security and logistics of having strangers in our homes, which prompted the Short-term Rental Regulation and Housing Protection Act of 2015 (DC B-414) to be introduced in the D.C. Council on Sept. 22, 2015 by then-Council member Vincent Orange. The bill would regulate transient housing accommodations offering stays of less than 30 days and is still under review by the Council.

In the interim, the Department of Consumer and Regulatory Affairs (DCRA)instructs a would-be Airbnb landlord to follow the current procedures for licensing a single unit property such as a house or condominium or, if applicable, a two-unit property such as the elusive rowhouse with English basement rental unit sought by many of today’s real estate buyers.

Each D.C. rental property must be properly licensed, meet the requirements of the D.C. Construction Codes and fall within the guidelines of any restrictive covenants placed on the property by a condominium, cooperative or homeowners association. Potential Airbnb landlords are often disappointed to find that their condo, co-op and HOA rules require a minimum lease of 12 months and that short-term rentals are prohibited.

A Basic Business License (BBL) is required for each property. An application for a two-year BBL must be filed with additional supporting documents and fees totaling slightly less than $200.

If you own your property as an entity such as a corporation, limited liability company (LLC) or partnership, then you may need to register with the Corporations Division of the DCRA before filing your BBL application.

Read the article in full

Special thanks again to Ms. Blake. She can be reached at 202-246-8602 or Valerie@DCHomeQuest.com. Each Keller Williams Realty office is independently owned and operated. Equal Housing Opportunity.

For assistance in Navigating through this process in Washington, DC contact our office at 202.386.7575 or dcorders@incserv.com.

The information within this post is intended for general information purposes only. Incserv and its employees cannot offer legal or financial advice. Please consult with your legal counsel for assistance in how this information may or may not affect you and your business prior to making any decisions. The above information (and any attachments) should be judged accordingly.

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Delays in Louisiana

Rose Redman from our Delaware office received a phone call from our primary correspondent in Louisiana. The state of Louisiana is still reeling from the recent flooding. As a result, this is impacting routine business for many of the State offices, Parishes and Courts. Please note the following:

  • Many of our correspondents are open for business but are short-handed because their employees are not able to get to work as a result of the flooding.
  • The state Corporations Divisions is currently closed with no estimated time of when they will re-open.
  • The State building is operating with a skeleton crew for election qualifying since there is an election in November.  The doors are open, but there is no corporate/UCC work being processed.  Since the doors are open, our correspondents will submit requests so they are in the queue when the offices open back up.
  • If you have any requests currently at the state, the processing times are going to be very delayed.  We will update the blog as we find out more.
  • The state expedite is only $30; you may wish to pay this statutory fee to receive expedited handling once the office opens and returns to processing at full capacity.
  • Our correspondents will search in any Parish that is open and can be reached. However, many Courts are closed so processing times for UCC searches will be impacted.
  • The Sheriff’s office is open, but much of the staff can’t get into the office impacting how Service of Process is managed.

Our thoughts are with the people of Louisiana.

Feel free to contact us for more information.

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New AZ Senate Bill Makes Several Changes

KAZ imageim Sharpe, Assistant Vice President based in North Carolina updates us on the changes to Arizona law as described below:

Arizona Senate Bill 1356 was signed into law on May 19, 2016 and is effective as of August 6, 2016. Highlights of the bill are as follows:

Certificate of Disclosure (all corporations)
The period of disclosure of felony convictions for fraud in the Certificate of Disclosure is changed to five years instead of seven.

Foreign Corporations
A foreign corporation is required to provide the address of its principal office in its state of incorporation, or, if none, the corporation must provide the street address of its registered agent in the foreign jurisdiction.

In addition:
• Par value of shares is no longer required on the Application for Authority.
• Eliminates the Application for New Authority and replaces it with Articles of Amendment to Application for Authority.
• Clarifies that both certified copies from the foreign jurisdiction and articles of amendment will be required if the corporation changes its name, duration, or domicile, or if anything on the original Application was inaccurate when filed.

False Filings
Creates a right of action that the corporation or LLC, its creditors, and shareholders or members, may exercise against any person that authorizes or signs a document delivered for filing with the Arizona Corporation Commission that the person knows contains false or misleading information.

The full summary, and information regarding HB2614 and HB2447, can be found at: https://www.azcc.gov/Divisions/Corporations/Legislative-changes-update-May-2016.pdf.

Should you need assistance with Arizona filings or filing in any other state, feel free to contact us or call 800-346-4646.

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Nevada Commerce Tax

In 2015, Nevada Legislature passed an annual Commerce Tax that has been activated this year.

According to the State of Nevada Department of Taxation (NV DOT): “The tax is imposed on businesses with a Nevada gross revenue exceeding $4,000,000 in the taxable year. All businesses are required to file a Commerce Tax return, regardless of liability.  The Commerce Tax return is due 45 days following the end of the fiscal year ending June 30. This year, the first return is due August 15, 2016.”

There has been some confusion this year, as the NV DOT did not include a copy of the tax return with the introduction letters that were mailed to companies. The due date for these is just around the corner.  If you require an extension in filing, please contact the Nevada Department of Taxation at 866-962-3707 or their web site at http://tax.nv.gov.

The NV DOT has provided FAQs and video training that may be accessed here: http://tax.nv.gov/welcometocom/

If you are a Nevada Incserv registered agent client and you need a copy of your pre-printed form, the introduction letter or if you have any additional questions, please contact us at info@incserv.com.

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DE Amends Current UCC Law

delawareIncorporating 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.

The NPRRA released this notice on August 2nd regarding Delaware’s amendment to the current law with regards to a statutory trust. Please see below and attached:

Delaware Senate Bill 276 was signed into law by Delaware Governor Jack Markell on July 13, 2016. The bill amends current law to define and include a statutory trust as a person under the Uniform Commercial Code. The bill became effective August 1, 2016.

Please click here to view the entire bill.

Should you need assistance with Delaware filings, feel free to contact us or call 800-346-4646.

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DCRA 60 Day Business Development Amnesty Program

EffectivDC flage January 1, 2016 through February 29, 2016, the Department of Consumer and Regulatory Affairs (DCRA) will waive all penalties and/or interest for revoked companies wishing to reinstate in the District of Columbia.

DCRA will waive the requirement of filing all past due reports and will only require the most recent delinquent report along with the reinstatement application plus applicable filing fees. Additionally, DCRA will allow the reinstatement of revoked basic business licenses, without penalties, during this time period.

To see if you are eligible to participate in the Business Development Program or to read more, click here.

If you have any questions or would like assistance with filing, please feel free to reach out to us!

Thanks for reading,

Deirdre

Deirdre Davis-Washington is an Assistant Vice President and manages the Washington, DC office. To learn more about Deirdre, read her bio here.