WSR 02-10-137

PREPROPOSAL STATEMENT OF INQUIRY

SECRETARY OF STATE


[ Filed May 1, 2002, 11:34 a.m. ]

Subject of Possible Rule Making: These rules will implement electronic online filing and digital image based storage processes for corporations, limited liability company, charitable organizations, etc., with the office of the secretary of state, corporations division. The rules implement chapters 74 and 297, Laws of 2002.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 297, Laws of 2002, sections 1, 6, 9, 16, 43, and 44. Chapter 74, Laws of 2002, sections 1, 3, 4, 5, 6, 15, 16, 17, and 20. RCW 43.07.170.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These rules are needed to implement online electronic filing for corporations, limited liability companies, persons and firms registering under the Charitable Solicitation Act, and charitable trusts. The rules will also allow the corporations division to realize efficiencies through converting the divisions filing and record retention systems from a paper based process to digital images. This conversion will allow the division to make information more readily available to the public.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state agencies regulate these processes. The corporations division is working with the Department of Licensing (DOL) to ensure that the systems designed under these rules will work with DOL and our other unified business identifier partner agencies.

The Internal Revenue Service governs reporting for certain charitable trusts. These entities must simultaneously file copies of completed IRS forms with the charities program in the corporations division.

Process for Developing New Rule: Agency study; and possible information meetings. It is possible that implementation of some provisions may require emergency rule adoption, while proceeding.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bill Kellington, Digital Signature and Policy Manager, Corporations Division, Office of the Secretary of State, P.O. Box 40234, Olympia, WA 98504-40234, phone (360) 753-2524, fax (360) 664-8781, e-mail bkellington@secstate.wa.gov.

May 1, 2002

Sam Reed

Secretary of State

Washington State Code Reviser's Office