BEFORE THE SECRETARY OF STATE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 44.5.114 and 44.5.115 pertaining to clarification of Business Services Division filings and fees

) ) ) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On June 4, 2021, at 10:30 a.m., the Secretary of State will hold a public hearing in the Secretary of State's Office Conference Room, Room 260, State Capitol Building, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

2. The Secretary of State will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Secretary of State no later than 5:00 p.m. on May 28, 2021, to advise us of the nature of the accommodation that you need. Please contact Angela Nunn, Secretary of State's Office, P.O. Box 202801, Helena, MT 59620-2801; telephone (406) 444-2087; fax (406) 444-4249; TDD/Montana Relay Service (406) 444-9068; or e-mail angela.nunn@mt.gov.

 

3. The rules proposed to be amended are as follows, new matter underlined, deleted matter interlined:

 

44.5.114 CORPORATIONS – PROFIT AND NONPROFIT FEES

(1)  Domestic filings:

(a) remains the same.

(b)  reinstatement:

(i)  for profit corporations, the $30.00 filing fee, plus an additional fee of $30.00 35.00 per year for each year of delinquent annual reports

(ii) through (6) remain the same.

 

AUTH: 2-15-405, 35-1-1307, 35-2-1107, 35-7-103, MCA

IMP: 2-15-405, 35-1-217, 35-1-1206, 35-1-1307, 35-2-119, 35-2-1003, 35-6-201, MCA

 

44.5.115 LIMITED LIABILITY COMPANY FEES (1)  Domestic filings:

(a) through (g) remain the same.

(h) reinstatement of involuntarily dissolved limited liability company         35.00

plus an additional fee of $30.00 35.00 per year for each year of delinquent

annual reports

(2) through (6) remain the same.

 

AUTH: 2-15-405, MCA

IMP: 2-15-405, 35-8-208, 35-8-211, 35-8-212, MCA

 

REASON: Currently under ARM 44.5.114(3)(f) and 44.5.115(3)(e), domestic and foreign annual reports filed after the April 15th deadline are charged a $35.00 fee. These proposed changes simply correct the internal inconsistencies within the rules of fees associated with delinquent annual report filings.

 

4. Given annual reports filed after April 15th are currently charged a $35 fee, these proposed changes will not have a fiscal impact.

 

5. Concerned persons may present their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Angela Nunn, Secretary of State's Office, P.O. Box 202801, Helena, Montana 59620-2801, or by e-mailing angela.nunn@mt.gov, and must be received no later than 5:00 p.m., June 11, 2021.

 

6.  Austin Markus James, Chief Legal Counsel, Secretary of State's Office, has been designated to preside over and conduct the hearing.

 

7. The Secretary of State maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding administrative rules, corporations, elections, notaries, records, uniform commercial code, or combination thereof. Such written request may be mailed or delivered to the Secretary of State's Office, Administrative Rules Services, P.O. Box 202801, Helena, MT 59620-2801, emailed to sosarm@mt.gov, or may be made by completing a request form at any rules hearing held by the Secretary of State's Office.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

9. With regard to the requirements of 2-4-111, MCA, the Secretary of State has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Austin Markus James                             /s/ Christi Jacobsen                        

Austin Markus James                                  Christi Jacobsen

Rule Reviewer                                             Secretary of State

           

Dated this 4th day of May, 2021.