Purpose: Amending WAC 434-110-060 to establish rules to accept and file facsimile transmissions of documents to be filed pursuant to Title 23, 23B, 24 or 25 RCW or chapter 18.100 RCW, effective June 11, 1998.

Other Identifying Information: To implement HB 1248, chapter 38, Laws of 1998.

Statutory Authority for Adoption: HB 1248, chapter 38, Laws of 1998, RCW 43.07.120.

Statute Being Implemented: HB 1248, chapter 38, Laws of 1998.

Summary: Amending WAC 434-110-060 to accept and file in the secretary's office facsimile transmissions.

Reasons Supporting Proposal: This amendment is necessary for the state to implement facsimile filings with the Office of the Secretary of State.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Frances Sant, 505 East Union, Olympia, WA 98504, (360) 664-0742.

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: Authorizes the Secretary of State to accept and file in the secretary's office facsimile transmissions of any documents authorized or required to be filed pursuant to Title 23, 23B, 24, or 25 RCW or chapter 18.100 RCW.

Declares that filings via facsimile transmissions are treated as expedited processing requests.

Proposal Changes the Following Existing Rules: This is an amendment to WAC 434-110-060.

This rule is being amended to allow and establish rules to accept and file facsimile transmissions of documents based on HB 1248, chapter 38, Laws of 1998.

It further explains processing time and handling fees.

Expedited adoption under RCW 34.05.356 is appropriate for the amendment because the proposed changes clarify existing rules and implement public facsimile filings without changing the rule's effect.

It also gives business entities in remote locations the ability to file their business papers without any travel to Olympia.

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, P.O. Box 40234, 2nd Floor, Olympia, WA 98504-0234, phone 586-0393, FAX 664-8781, TTY 753-1485, AND RECEIVED BY July 15, 1998.

June 16, 1998

Tracy Guerin

Assistant Secretary of State

WAC 434-110-060  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 5:00 p.m. each business day. Staff provides expedited, same-day processing of corporate documents or requests received prior to 4:30 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 or status certificates;

(e) Status change filings; and

(f) Trademark filings.

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

(3) All documents submitted for filing via facsimile transmission are treated as expedited processing requests. Documents transmitted via facsimile will receive expedited forty-eight hour processing when the documents are received between 8:00 a.m. and 5:00 p.m. each business day. The fee for facsimile filings is twenty dollars for single or multiple transactions within each new or existing corporation or trademark file. In addition, a regulatory fee for each transaction may apply.

(((3))) (4) There is no expedited fee for the following transactions, unless they are submitted via facsimile transmission as set forth under subsection 3 of this section:

(a) Registered agent or address change;

(b) Initial reports;

(c) License renewal and required annual report;

(d) Amended annual reports;

(e) Reinstatements;

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

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

(h) A search for nonactive corporations less than twenty years old or trademark files less than six years old.

A request for search of nonactive corporation files more than twenty years old or trademark files more than six years old should be made directly to the archives division of the office of the secretary of state.

(((4))) (5)(a) If staff cannot complete the expedited service request before the end of the same day, or the second consecutive business day for facsimile filings, 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))) (6) 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: Title 23B RCW and chapter 19.77 RCW. 94-19-004, § 434-110-060, filed 9/8/94, effective 10/9/94. Statutory Authority: 1993 c 269 and 356, Titles 23, 23B, 24 and 46 RCW and chapter 43.07 RCW. 93-20-072, § 434-110-060, filed 10/1/93, effective 11/1/93.]