WSR 12-13-097

PERMANENT RULES

SECRETARY OF STATE


[ Filed June 20, 2012, 8:09 a.m. , effective July 21, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 434-130-080.

Statutory Authority for Adoption: RCW 25.15.007, [25.15.]805, [25.15.]810, and 43.07.120.

Adopted under notice filed as WSR 12-09-030 on April 10, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 19, 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