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

DE Secretary of State Employee Recognition Luncheon

Update*

Reminder…

On Friday, June 9, 2017 an Employee Recognition Luncheon is planned for all the employees of the Delaware Secretary of State – Division of Corporations.  State services have been altered.

* There will be NO “Same Day” or “Must Approval” service filings for this day.

All 30 Minute and One-Hour service filings must be received prior to 10:00 AM (ET)Two-Hour service filings will need to be received prior to 9:00 AM (ET) and 24 Hour service filings must be received prior to 12:00 PM (ET).

We will be able to secure filing dates and times until 10:30 PM (ET).

To meet these deadlines, Incerv 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.)

Gennine No Comments

Four Changes & Processing Delays to Know About Before Traveling

If you’re getting ready to travel abroad and need to apply for or renew a U.S. Passport here are a few things you might need to know:

  1. Passport Processing is Slowing

Getting a U.S. Passport or renewing your U.S. Passport is usually pretty easy.  However, the U.S. State Department has recently made some changes to the passports themselves.  The changes combined with an increase of application requests are creating a massive backlog.  So be sure to plan far enough in advance of your trip!

  1. Passports are Changing

Starting in 2016, changes started taking place.  A major change for many people is eye glasses are no longer allowed to be worn in passport photos. Passports also got a makeover with fewer pages and a special coating to better protect the passport book. A new security chip has also been installed inside the passport to better protect against fraud. The U.S. State Department says you can expect to see even more changes in the future as technology continues to advance.

  1. Passport Six Month Validity Rule

A major passport change many people are unaware of is the Six Month Validity Rule.  Many countries, including the majority of European countries, have adopted the rule.  Under the Six Month Validity Rule, you may be denied entry if your U.S. Passport is set to expire within six months.

  1. REAL ID Act Affects Domestic Travel

The REAL ID Act passed in 2005 and comes into effect January 22, 2018. Per the U.S. Department of Homeland Security, “passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight.” Beginning October 1, 2020, EVERY air traveler will need a REAL ID-compliant license or another acceptable form of ID to board domestic flights.

For more information about U.S. Passports, click here.

For more information about REAL IDs, click here.

Already have your U.S. Passport, but need help processing your Visa? Email  or call us at 202.386.7575 to find out how we can help.

Gennine No Comments

New GA HB87 – Effective July 1, 2017

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.

Georgia HB87 was signed by Georgia Governor Nathan Deal on May 1, 2017. The bill authorizes the Secretary of State to provide for multiple-year registration for business entities and permits the re-domestication/conversion of foreign and domestic nonprofit corporations. The bill becomes effective July 1, 2017.

Navigate using the below link to view the entire bill: http://www.legis.ga.gov/Legislation/20172018/170630.pdf

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

Gennine No Comments

UCC Article 9 – Indexing of Secured Party Names with Titles in Washington, DC

When filing UCCs in Washington, DC, we’ve experienced a few challenges with the incorrect indexing of names, etc.  We are not alone in this struggle, as the District of Columbia has often been referred to as “the worst indexing system in the country.”  While we’re pretty sure the folks at the DC Recorder of Deeds (ROD) didn’t intend for this to be the case, we’ve become accustomed to it and double check to ensure proper indexing of UCCs we file. Recently we ran into an issue we were sure was an error, which prompted us to do some digging, and we learned something new.

After filing a UCC1 financing statement with the DC ROD, our client requested a post-filing UCC search (search to reflect) to confirm both the indexing of the debtor and secured party names. The UCC1 listed the Secured Party as “ABC123, NA, as Agent” on the filing.  The client intended to have the entire name of the secured party indexed in the ROD’s records.  However, when searched, we found it was not indexed as submitted.  We questioned what happened to the “as Agent” language in the secured party name.  The DC ROD stated “as Agent” is considered a title, per their general indexing guidelines (not made available to the public).  As a result, they can and had excluded the words in the indexing of the name.

We questioned the legality of this indexing rule and informally reached out to Norman Powell, of Young Conaway Stargatt & Taylor, LLP to ask his opinion on the matter. Norman Powell is considered the “go-to guy” for UCC matters, having authored various articles and presented many educational seminars on the topic of secured transactions. Mr. Powell agreed there was a bit of ambiguity in “capturing information as rendered in a filing and as prescribed by the rules consistent with Article 9.”  He further went on to say unlike names of debtors, secured party names are not subject to the strict “search logic test” made applicable by 9-506.   The secured party’s agency capacity is “purely optional and would not affect the effectiveness of the financing statement.”

So, in this case of the missing “as Agent”, we’ve learned this was not another “indexing error”, but rather the DC ROD truly was not required to include the title in the name of the secured party when indexing the name.

For questions about or assistance with filing or searching UCCs in Washington, DC, feel free to reach out to us.

Gennine No Comments

Jurisdictional Closures for June 2017

Please see the list below for June jurisdictional closings.  Dates and information are subject to change.

Date Holiday State
 June 5th  Jefferson Davis’ Birthday  AL
 June 12th  King Kamehameha I Day  HI
 June 20th  West Virginia Day  WV

Please check out our blog posts throughout the month for any last minute changes or updates from these or any other state or local office.

If you have any questions or need assistance, feel free to contact us at 800-346-4646 or via email at info@incserv.com.

Gennine No Comments

Closed – May 29, 2017

Reminder…

All Incserv offices will be closed on Monday, May 29, 2017, in observance of Memorial Day and will resume normal business hours on Tuesday, May 30, 2017 at 8:30 AM (ET).

Have a Safe and Pleasant Holiday Weekend!

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.

Gennine No Comments

Why Guatemala?

Recently, we’ve seen an increase in document legalization requests for Guatemala which sparked our curiosity.  Additionally, in just a few months, on September 18, 2017, Guatemala will become a member of the Hague Apostille Convention. Interested by the uptick and new Hague membership, we did some research to find out “Why Guatemala?”

During our exploration we came across this article on Virgin’s website: The world’s best start-up hubs: Guatemala City, Guatemala.  To our surprise, Guatemala is a hub for Telecom companies!  Strategically located between two oceans, with ports on each ocean, and an EST time zone, Guatemala is well positioned for importing, exporting, and outsourcing.  Furthermore, Guatemala has an amazing resource in its population of hardworking and talented people.  All of these factors combine to make Guatemala an appealing destination for business start-ups.

So, what does Hague Convention membership mean?  Beginning on September 18, 2017, Guatemala will no longer require consular or embassy legalization for documents destined for use in Guatemala.  Instead, an apostille from the appropriate Secretary of State or U.S. Department of State, for federal documents, will be accepted.  Interested in seeing a list of all countries member of or party to the Hague Convention?  Click here.

If you have questions or need assistance, please contact our Washington, DC office at 202.386.7575, 877.531.1131 or dcorders@incserv.com.

Gennine No Comments

Jurisdictional Closures for May 2017

Please see the list below for May jurisdictional closings.  Dates and information are subject to change.

Date Holiday State
May 8th Truman Day  MO
May 29th Memorial Day All national, state and local offices are closed

Please check out our blog posts throughout the month for any last minute changes or updates from these or any other state or local office.

If you have any questions or need assistance, feel free to contact us at 800-346-4646 or via email at info@incserv.com.