WSR 99-05-038

EXPEDITED ADOPTION

SECRETARY OF STATE


[ Filed February 11, 1999, 3:54 p.m. ]

Title of Rule: Limited partnership filings--Centralized systems, WAC 434-55-060 Document filing fees--Limited partnerships and 434-55-065 In-person or expedited counter service--Special fees.

Purpose: To lower fees for service under the Limited Partnership Act.

Statutory Authority for Adoption: RCW 25.10.600, 25.10.610, 23B.01.220, 43.07.120.

Summary: Amending WAC 434-55-060, reduces fees for certificates, certified copies and photocopies and WAC 434-55-065, reduces the fee for in-person or same day expedited counter service.

Reasons Supporting Proposal: To clarify and streamline fees for service.

Name of Agency Personnel Responsible for Drafting: Frances Sant, 505 East Union, Olympia, WA 98504, (360) 664-0742; Implementation and Enforcement: Office of the Secretary of State, Corporations Division.

Name of Proponent: Office of the Secretary of State, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Housekeeping and streamlining fee schedule.

Proposal Changes the Following Existing Rules: Streamlining document filing fees in WAC 434-55-060 for limited partnerships and lowering filing fees for certificates, certified copies and photocopies.

The fee for same day service under WAC 434-55-065 is lowered from twenty dollars to ten dollars for single or multiple transactions within each new or existing limited partnership file.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Hans Dettling, Corporations Division, Office of the Secretary of State, 505 East Union, 2nd Floor, P.O. Box 40234, Olympia, WA 98504, phone (360) 586-0393, fax (360) 664-8781, TDD (360) 753-1485 , AND RECEIVED BY April 17, 1999.


February 11, 1999

Tracy Guerin

Deputy Secretary of State

OTS-2819.1


AMENDATORY SECTION(Amending WSR 94-19-003, filed 9/8/94, effective 10/9/94)

WAC 434-55-060
Document filing fees--Limited partnerships.

The following fees are due and must be submitted concurrently with the limited partnership documents presented to the secretary of state for filing under the Washington Uniform Limited Partnership Act:

(1) Filing of a certificate of limited partnership for a domestic limited partnership: One hundred seventy-five dollars.

(2) Filing an application for registration of a foreign limited partnership: One hundred seventy-five dollars.

(3) Dissolution or cancellation by judicial degree: No charge.

(4) Filing of a certificate of cancellation for a domestic or foreign limited partnership: No charge.

(5) Filing of a certificate of amendment for a domestic or foreign limited partnership: ((Thirty)) Twenty-five dollars.

(6) Filing a certificate of restatement: Thirty dollars.

(7) Filing an application to reserve or transfer a limited partnership name: ((Thirty)) Ten dollars.

(8) Application for reinstatement: One hundred dollars plus all delinquent fees and a twenty-five percent penalty computed on total amount.

(9) Articles of merger: Twenty dollars for each listed company.

(10) Agent's consent to act as agent or agent's resignation if appointed without consent: No charge.

(11) Filing any other statement or report required by the Limited Partnership Act: Ten dollars.

(12) For ((each)) certified ((copy)) copies of any document the fee is ((ten dollars plus the copy fee)) five dollars plus a photocopy fee of twenty cents for each additional page.

(13) For certificates of existence ((fees are as follows:

(a) With complete or specific historical data, under embossed seal, thirty dollars;

(b) Computer generated, under embossed seal, twenty dollars;

(c) Duplicate certificate, under gold or embossed seal, twenty dollars)) the fee is ten dollars per certificate.

(14) For photocopies fees are as follows:

(a) Certificate of limited partnership ((or any single document)), ((ten)) five dollars;

(b) ((Amendments to certificates and mergers, twenty dollars;

(c) All charter documents, thirty dollars;

(d))) Any single document, other than a certificate of limited partnership, one dollar plus twenty cents for each additional page;

(c) Surcharge for files exceeding one hundred pages of copy, thirteen dollars for each fifty page increment (number of pages determined by weight of copies).

(15) Service of process on the office of the secretary of state as agent of a limited partnership: Fifty dollars.

[Statutory Authority: Chapter 25.10 RCW.  94-19-003, 434-55-060, filed 9/8/94, effective 10/9/94.  Statutory Authority: RCW 25.10.610 and 1987 c 55.  87-17-002 (Order 87-04), 434-55-060, filed 8/6/87.  Statutory Authority: RCW 25.10.600 - 25.10.610, 1982 c 35 187(2), 191 and 193.  82-20-075 (Order 82-7), 434-55-060, filed 10/6/82.]


AMENDATORY SECTION(Amending WSR 95-16-130, filed 8/2/95, effective 9/2/95)

WAC 434-55-065
In-person or expedited counter service--Special fees.

(1) The corporations division counter is open to in-person requests from 8:00 a.m. to 4:00 p.m. each business day.  Staff provides expedited, same-day processing of corporate documents or requests received prior to 3:30 p.m. on that day.  These services are available for the following transactions:

(a) Charter document review and filing;

(b) Name reservation review and filing;

(c) Document certification;

(d) Document copying and status certificates;

(e) Status change filings;

(f) Service of process;

(g) International student exchange agency registration.

(2) The fee for same-day service is ((twenty)) ten dollars for single or multiple transactions within each new or existing limited partnership file or each new or existing limited liability partnership file.  In addition, a regulatory fee for each transaction may apply.

(3) There is no expedited fee for the following transactions:

(a) Reinstatements;

(b) In-person inspection or review of limited partnership files or other public documents located in the corporations division office;

(c) Documents left at the counter for processing with mail-in documents received the same day; or

(d) A search for nonactive limited partnership files less than twenty years old.

(4)(a) If staff cannot complete the expedited service request before the end of the same day, the transaction will be completed first on the following business day.

(b) Emergency services needed outside regular business hours requiring employee overtime are one hundred fifty dollars per hour plus regulatory or statutory fees due for the form of the filing.  When the division receives an emergency request, staff notifies the customer of the service fee and any other reasonable conditions set by the director.  The customer must agree to pay the fees before emergency services are provided.

(5) Over-the-counter service hours may be shortened under extraordinary circumstances.  Separate service requests by one person may be limited to those relating to three corporations per day.  Documents submitted by courier services or document-handling companies may receive twenty-four-hour service.  A customer may make alternate arrangements with the director prior to bringing or sending in documents, if a sudden, unexpected situation occurs during the business day.

Under special circumstances, the filing party may petition the secretary in writing to request a waiver of emergency or penalty fees.

[Statutory Authority: RCW 43.07.120.  95-16-130, 434-55-065, filed 8/2/95, effective 9/2/95.  Statutory Authority: Chapter 25.10 RCW.  94-19-003, 434-55-065, filed 9/8/94, effective 10/9/94.  Statutory Authority: RCW 25.10.600 - 25.10.610, 1982 c 35 187(2), 191 and 193.  82-20-075 (Order 82-7), 434-55-065, filed 10/6/82.]

Washington State Code Reviser's Office