WSR 12-09-030

EXPEDITED RULES

SECRETARY OF STATE


[ Filed April 10, 2012, 11:00 a.m. ]

Title of Rule and Other Identifying Information: In-person or expedited counter service -- Special fees for limited liability companies.

NOTICE

THIS RULE IS BEING PROPOSED UNDER 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 USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Pamela Floyd, Secretary of State, P.O. Box 40234, Olympia, WA 98504 , AND RECEIVED BY June 18, 2012.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To remove restrictions on expedited service for limited liability companies filing initial reports, license renewals, annual reports, or amended reports. These restrictions have been removed for corporations and nonprofits, as well as partnerships in 2010.

Reasons Supporting Proposal: Limited liability companies are requesting expedited services on specific documents.

Statutory Authority for Adoption: RCW 43.07.120, 25.15.007, 25.15.805, 25.15.810.

Statute Being Implemented: RCW 43.07.120.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Division of corporations, office of secretary of state, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Pamela Floyd, 801 Capitol Way South, Olympia, WA 98504, (360) 725-0310; and Enforcement: Kyle Crews, 7141 Cleanwater Drive S.W., Olympia, WA 98504, (360) 664-2510.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: In the process of updating, clarifying, and streamlining rules in 2010, regarding the filing of documents and special services that businesses ask of our office, we removed the restriction for expedited service on certain documents.

Our intention was to do this for all corporate entities, but we inadvertently missed a section in the rules that apply to limited liability companies only. This expedited rule making will allow expedited services on those particular documents if the entitites so choose, i.e. initial reports, license renewals and annual reports, and amended reports for limited liability companies.

April 10, 2012

Steve Excell

Assistant Secretary of State

OTS-4718.1


AMENDATORY SECTION(Amending WSR 10-15-035, filed 7/13/10, effective 8/13/10)

WAC 434-130-080   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 services for corporate documents or requests received in-person, by fax, mail, or on-line with the appropriate expedite fee. Expedite services are available for the following transactions:

(a) Document review and filing;

(b) Document copying, certification, and status certificates.

(2) The fee for expedited service is fifty dollars for single or multiple paper transactions within each new or existing limited liability company file. On-line transactions are expedited for twenty dollars, but may be charged fifty dollars for in-person completion at front counter. In addition, a regulatory fee for each transaction may apply.

(3) There is no expedited fee for the following transactions:

(a) ((Initial reports;

(b) License renewal and required annual report;

(c) Amended annual reports;

(d))) In-person inspection or review of limited liability company files or other public documents located in the corporations division office;

(((e))) (b) Documents left at the counter for processing with mail-in documents received the same day.

(4)(a) If staff cannot complete an expedited service request before the end of the same day, the transaction will be completed within the next two business days.

(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 specific form. 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) 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 transaction.

Under special circumstances, the filing party may petition the secretary in writing to request a waiver of emergency or penalty fees.

[Statutory Authority: RCW 25.15.007, 25.15.805, 25.15.810, and 43.07.120. 10-15-035, 434-130-080, filed 7/13/10, effective 8/13/10. Statutory Authority: Chapter 25.15 RCW and 1994 c 211. 94-19-005, 434-130-080, filed 9/8/94, effective 10/1/94.]

Washington State Code Reviser's Office