WSR 00-16-119

EXPEDITED ADOPTION

SECRETARY OF STATE


[ Filed August 2, 2000, 10:04 a.m. ]

Title of Rule: Corporation filing procedures and special fees.

Purpose: Change of physical address and clarification.

Other Identifying Information: WAC 434-110-020, 434-110-030, 434-110-040, and 434-110-050.

Statutory Authority for Adoption: Titles 23, 23B, 24 and 46 RCW, chapter 43.07 RCW.

Statute Being Implemented: Titles 23, 23B, 24 and 46 RCW.

Summary: Correction of office address and service.

Reasons Supporting Proposal: Technical changes needed to reflect proper address.

Name of Agency Personnel Responsible for Drafting: Hans Dettling, 505 East Union, Olympia, WA 98504, (360) 586-0393; Implementation and Enforcement: Office of the Secretary of State.

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: Change of physical office address since the Corporations Division is moving to the James M. Dolliver Building. Clarification that no service is provided on legal holidays and that expedited services for mail-in requests is available.

Proposal Changes the Following Existing Rules: Technical correction of physical office. Clarification that no service is provided on legal holidays and that expedited services for mail-in requests are available.

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, P.O. Box 40234, Olympia, WA 98504, phone (360) 586-0393, fax (360) 664-8781, TDD (360) 753-1485 , AND RECEIVED BY October 3, 2000.


August 1, 2000

Tracy Guerin

Deputy Secretary of State


AMENDATORY SECTION(Amending WSR 93-20-072, filed 10/1/93, effective 11/1/93)

WAC 434-110-020
Office address.

(1) The mailing address is: Corporations Division, Office of the Secretary of State, Post Office Box 40234, Olympia, Washington 98504-0234.

(2) The offices of the corporations division are located ((on the second floor of the Republic Building at 505 E. Union Avenue)) at the James M. Dolliver Building, 801 Capitol Way S, Olympia, Washington.

[Statutory Authority: 1993 c 269 and 356, Titles 23, 23B, 24 and 46 RCW and chapter 43.07 RCW. 93-20-072, 434-110-020, filed 10/1/93, effective 11/1/93.]


AMENDATORY SECTION(Amending WSR 93-20-072, filed 10/1/93, effective 11/1/93)

WAC 434-110-030
Office hours.

(1) Business office hours are from 8:00 a.m. to 5:00 p.m. daily, Monday through Friday, excluding legal holidays. Walk-in, counter services are available for an expedited fee specified in WAC 434-110-060. Emergency counter service at other times is available under terms of WAC 434-110-060 (5)(b).

(2) Documents, including substitute service-of-process on the secretary of state, delivered after normal working hours will be deemed to be received on the next working day. The secretary assumes no responsibility for any form of delivery other than that received personally by an employee of the office of the secretary of state.

[Statutory Authority: 1993 c 269 and 356, Titles 23, 23B, 24 and 46 RCW and chapter 43.07 RCW. 93-20-072, 434-110-030, filed 10/1/93, effective 11/1/93.]


AMENDATORY SECTION(Amending WSR 93-20-072, filed 10/1/93, effective 11/1/93)

WAC 434-110-040
Telephone services.

(1) The telephone numbers of the corporations information unit are (360) 753-7115 and (360) 753-7120, which are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Information on active corporations and on filing a new corporation immediately available at this number includes the following:

(a) Exact name of corporation on file in the secretary of state's records;

(b) Whether the corporation is for profit or nonprofit;

(c) Unified business identifier (UBI) number;

(d) Expiration date of corporate license;

(e) Whether the corporation is designated a public benefits corporation;

(f) Name of registered agent;

(g) Registered office address;

(h) Incorporation date of Washington firm;

(i) Qualification to-do-business-in-Washington date for foreign corporation;

(j) Filing date of most recent annual report;

(k) Status of corporation;

(m) Requirements for renewal or filing annual reports; and

(n) Filing requirements for new corporations.

Customers may also request that forms be mailed to them by using the menu system.

(2) When customers request information requiring a file search, such as names of the board of directors and officers, the information officer will provide the information by return call.

(3) A customer may request a copy of the most recent annual report including a list of officers and directors by calling the annual report line on (360) 753-7115. While there is no copy fee for these telephone requests, the sum of four dollars to cover postage and handling should be mailed to the Corporations Division, Office of Secretary of State, P.O. Box 40234, Olympia, WA 98504-0234.

(4) Name reservations cannot be made by telephone. An information operator will respond to a name search request with a review of the existing computer data base only.

(5) The telephone number for information about charitable trusts or charitable organizations is (360) 753-7118. Persons calling within Washington may call 1-800-332-GIVE (1-800-332-4483).

[Statutory Authority: 1993 c 269 and 356, Titles 23, 23B, 24 and 46 RCW and chapter 43.07 RCW. 93-20-072, 434-110-040, filed 10/1/93, effective 11/1/93.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 93-20-072, filed 10/1/93, effective 11/1/93)

WAC 434-110-050
Mail-in service.

(1) Expedited services for mail-in requests are ((currently not)) available for an expedited fee specified in WAC 434-110-060.

(2) All mailed-in documents are processed and filed in order of date of receipt unless incomplete or incorrect. At the customer's request, a staff member will call (collect) to confirm the filing date of a document. A specific filing date may be reserved for up to thirty days in advance. The necessary documents, in appropriate format with correct fees, must be in the office by the specified date. Requests for information in a nonactive or archived file, will be processed on a time-available basis.

(3) Requests for name searches coupled with a name reservation are completed in order of date received. A name reservation may be made by completing the form provided by the corporations division or in a letter clearly containing all the following information:

(a) The corporate name desired, with two alternate names;

(b) The name, address, and telephone number of the applicant;

(c) The signature of the applicant; and

(d) The application date.

An application on behalf of a client should also include the client's name and complete address.

[Statutory Authority: 1993 c 269 and 356, Titles 23, 23B, 24 and 46 RCW and chapter 43.07 RCW. 93-20-072, 434-110-050, filed 10/1/93, effective 11/1/93.]

Washington State Code Reviser's Office