EXPEDITED ADOPTION
Title of Rule: Limited liability companies, WAC 434-130-090 Fees.
Purpose: Amending WAC 434-130-090 to lower the fees for change and resignation of registered agent.
Statutory Authority for Adoption: RCW 25.15.805, 25.15.810, 23B.01.220.
Summary: Clarification on interagency fees and lowering fees for certificate of change of registered agent and resignation of registered agent.
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: The handling fee for annual license renewal was not specifically mentioned in WAC 434-130-090, but customarily collected for the Department of Licensing. For clarification purposes, this was added to subsections (2) and (4).
We separated and lowered the fees for change of registered agent and resignation of registered agent. This results in clarification and adding new subsections for better understanding.
Proposal Changes the Following Existing Rules: We added the language "plus the
Department of Licensing's handling fee of nine dollars" for clarification purposes, and divided
and redefined the fees for resignation of registered agent and certificate of change of registered
agent for better understanding.
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-2820.1
AMENDATORY SECTION(Amending WSR 94-19-005, filed 9/8/94, effective 10/1/94)
WAC 434-130-090
Fees.
For Washington registered domestic and foreign limited liability companies fees are as follows:
(1) Certificate of formation or application for registration, one hundred seventy-five dollars;
(2) Annual license renewal, fifty dollars plus the department of licensing's handling fee of nine dollars;
(3) Amendment, restated certificate, or amended and restated certificate, thirty dollars;
(4) License renewal with required annual report filed after due date and before administrative dissolution, penalty fee of twenty-five dollars, plus the renewal fee of fifty dollars plus the department of licensing's handling fee of nine dollars;
(5) Reinstatement, one hundred dollars plus all delinquent license or annual fees and a twenty-five percent penalty computed on the total amount;
(6) Articles of merger, twenty dollars for each listed company;
(7) Certificate of change of registered agent, registered office address, ((resignation of
registered agent)) or designation of new registered agent, ((thirty)) ten dollars per entity name;
(8) Resignation of registered agent, twenty dollars per entity name;
(9) An initial report or amended annual report, ten dollars;
(((9))) (10) Registration, reservation, or transfer of name, thirty dollars;
(((10))) (11) Certificate of cancellation, administrative dissolution or dissolution by
judicial decree, or revocation of certificate of authority, no fee;
(((11))) (12) Agent's consent to act as agent, agent's resignation if appointed without
consent, or annual report when filed concurrently with annual license fee, no fee; and
(((12))) (13) Other statement or report filed, ten dollars.
Under special circumstances, the filing party may petition the secretary in writing to request a waiver of emergency or penalty fees.
[Statutory Authority: Chapter 25.15 RCW and 1994 c 211. 94-19-005, § 434-130-090, filed 9/8/94, effective 10/1/94.]