HB 1040 -
By Committee on Judiciary
ADOPTED 04/12/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 19.09.085 and 2007 c 471 s 6 are each amended to read
as follows:
(1) Registration under this chapter shall be effective for one year
or longer, as established by the secretary.
(2) Reregistration required under RCW 19.09.075 or 19.09.079 shall
be submitted to the secretary no later than the date established by the
secretary by rule.
(3) Entities required to register under this chapter shall file a
notice of change of information within thirty days of any change in the
information contained in RCW 19.09.075 (1) through (9) or 19.09.079 (1)
through (7).
(4) The secretary shall notify entities registered under this
chapter of the need to reregister upon the expiration of their current
registration. The notification ((shall)) may be by postal or
electronic mail, sent at least sixty days prior to the expiration of
their current registration. Failure to register shall not be excused
by a failure of the secretary to ((mail)) send the notice or by an
entity's failure to receive the notice.
Sec. 2 RCW 19.34.231 and 1999 c 287 s 12 are each amended to read
as follows:
(1) If a signature of a unit of state or local government,
including its appropriate officers or employees, is required by
statute, administrative rule, court rule, or requirement of the office
of financial management, that unit of state or local government
((shall)) may become a subscriber to a certificate issued by a licensed
certification authority for purposes of conducting official public
business with electronic records.
(2) A city or county may become a licensed certification authority
under RCW 19.34.100 for purposes of providing services to local
government, if authorized by ordinance adopted by the city or county
legislative authority.
(3) A unit of state government, except the secretary and the
department of information services, may not act as a certification
authority.
Sec. 3 RCW 23B.01.500 and 1989 c 165 s 16 are each amended to
read as follows:
Not less than thirty nor more than ninety days prior to July 1st of
each year or to the expiration date of any staggered yearly license,
the secretary of state shall send, by postal or electronic mail as
elected by the domestic corporation, to each domestic corporation, at
its registered office within the state, ((by first-class mail,)) or to
an electronic address designated by the corporation in a record
retained by the secretary of state, a notice that its annual license
fee must be paid and its annual report must be filed as required by
this title, and stating that if any domestic corporation ((shall))
fails to pay its annual license fee or to file its annual report it
((shall be)) is dissolved and ceases to exist. Failure of the
secretary of state to ((mail)) provide any such notice ((shall)) does
not relieve a corporation from its obligations to pay the annual
license fees and to file the annual reports required by this title.
The option to receive the notice provided under this section by
electronic mail may be selected only when the secretary of state makes
the option available.
Sec. 4 RCW 23B.01.510 and 1990 c 178 s 3 are each amended to read
as follows:
Not less than thirty nor more than ninety days prior to July 1st of
each year or to the expiration date of any staggered yearly license,
the secretary of state shall send by postal or electronic mail, as
elected by the foreign corporation, to each foreign corporation
qualified to do business in this state, ((by first-class mail))
addressed to its registered office within this state, or to an
electronic address designated by the corporation in a record retained
by the secretary of state, a notice that its annual license fee must be
paid and its annual report must be filed as required by this title, and
stating that if it ((shall)) fails to pay its annual license fee or to
file its annual report its certificate of authority to transact
business within this state may be revoked. Failure of the secretary of
state to ((mail)) send any such notice ((shall)) does not relieve a
corporation from its obligations to pay the annual license fees and to
obtain or file the annual reports required by this title. The option
to receive the notice provided under this section by electronic mail
may be selected only when the secretary of state makes the option
available.
Sec. 5 RCW 24.03.400 and 1993 c 356 s 11 are each amended to read
as follows:
Not less than thirty days prior to a corporation's renewal date, or
by December 1 of each year for a nonstaggered renewal, the secretary of
state shall ((mail)) send to each domestic and foreign corporation, by
((first-class mail addressed to its registered office)) postal or
electronic mail, as elected by the domestic or foreign corporation,
addressed to its registered office or to an electronic address
designated by the corporation in a record retained by the secretary of
state, a notice that its annual or biennial report must be filed as
required by this chapter, and stating that if it fails to file its
annual or biennial report it ((shall be)) is dissolved or its
certificate of authority revoked, as the case may be. Failure of the
secretary of state to ((mail)) send any such notice ((shall)) does not
relieve a corporation from its obligation to file the annual or
biennial reports required by this chapter. The option to receive the
notice provided under this section by electronic mail may be selected
only when the secretary of state makes the option available.
Such report of a domestic or foreign corporation shall be delivered
to the secretary of state between the first day of January and the
first day of March of each year, or on an annual or biennial renewal
date as the secretary of state may establish. The secretary of state
may adopt rules to establish biennial reporting dates and to stagger
reporting dates.
If the secretary of state finds that such report substantially
conforms to the requirements of this chapter, the secretary of state
shall file the same.
Sec. 6 RCW 24.06.445 and 1993 c 356 s 23 are each amended to read
as follows:
An annual or biennial report of each domestic or foreign
corporation shall be delivered to the secretary of state between the
first day of January and the first day of March of each year or on such
annual or biennial renewal date as the secretary of state may
establish. The secretary of state may adopt rules to establish
biennial reporting dates and to stagger reporting dates. Proof to the
satisfaction of the secretary of state that the report was deposited in
the United States mails, in a sealed envelope, properly addressed to
the secretary of state, with postage prepaid thereon, prior to the
corporation's annual or biennial renewal date, shall be deemed
compliance with this requirement.
If the secretary of state finds that a report substantially
conforms to the requirements of this chapter, the secretary of state
shall file the same.
Failure of the secretary of state to ((mail)) send any such notice
shall not relieve a corporation from its obligation to file the annual
reports required by this chapter.
Sec. 7 RCW 24.12.051 and 2009 c 437 s 14 are each amended to read
as follows:
(1) Not less than thirty days prior to a corporation sole's renewal
date, the secretary of state shall ((mail)) send to each corporation
sole, by ((first-class)) postal or electronic mail, as elected by the
corporation sole, addressed to its registered office, or to an
electronic address designated by the corporation sole, in a record
retained by the secretary of state, a notice that its annual report
must be filed as required by this chapter, and stating that if it fails
to file its annual report it shall be dissolved or its certificate of
authority revoked, as the case may be. Failure of the secretary of
state to ((mail)) send the notice does not relieve a corporation sole
from its obligation to file the annual reports required by this
chapter. The option to receive the notice provided under this section
by electronic mail may be selected only when the secretary of state
makes the option available.
(2)(a) The report of a corporation sole shall be delivered to the
secretary of state on an annual renewal date as the secretary of state
may establish. The secretary of state may adopt rules to establish
biennial reporting dates and to stagger reporting dates.
(b) If the secretary of state finds that the report substantially
conforms to the requirements of this chapter, the secretary of state
shall file that report."
HB 1040 -
By Committee on Judiciary
ADOPTED 04/12/2011
On page 1, line 1 of the title, after "notices;" strike the remainder of the title and insert "and amending RCW 19.09.085, 19.34.231, 23B.01.500, 23B.01.510, 24.03.400, 24.06.445, and 24.12.051."