Bill Text: NJ S2088 | 2010-2011 | Regular Session | Introduced
Bill Title: Increases and establishes certain business filing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-06-24 - Reported from Senate Committee, 2nd Reading [S2088 Detail]
Download: New_Jersey-2010-S2088-Introduced.html
Sponsored by:
Senator PHILIP E. HAINES
District 8 (Burlington)
SYNOPSIS
Increases and establishes certain business filing fees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain business filing fees, amending various parts of the statutory law and supplementing P.L.2000, c.161 (C.42:1A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.14A:15-2 is amended to read as follows:
14A:15-2. On filing any certificate or other papers relative to corporations in the Department of the Treasury, there shall be paid to the State Treasurer, filing fees as follows:
(1) Certificate of incorporation and amendments thereto:
(a) for filing the original certificate of incorporation .......................................................................[$125.00] $156.00
(b) for filing a certificate of amendment of
the certificate of incorporation, including
any number of amendments..................................................75.00
(c) for filing a certificate of abandonment
of one or more amendments of the
certificate of incorporation...................................................75.00
(d) for filing a certificate of merger
or a certificate of consolidation............................................75.00
(e) for filing a certificate of abandonment
of a merger or consolidation.................................................75.00
(2) Restated certificate of incorporation:
for filing a restated certificate of incorporation,
including any amendments of the certificate of
incorporation concurrently adopted......................................75.00
(3) Dissolution of corporation:
(a) for filing a certificate of dissolution..............................75.00
(b) for filing a certificate of revocation
of dissolution proceedings....................................................75.00
(4) Admission and withdrawal of foreign corporation:
(a) for filing an application for a certificate of
authority to transact business in this State and
issuing a certificate of authority....................... [125.00] 156.00
(b) for filing an application for an amended
certificate of authority to transact business
in this State and issuing an amended
certificate of authority..........................................................75.00
(c) for filing an application for withdrawal
from this State and issuing a
certificate of withdrawal.......................................................75.00
(d) for filing a certificate of change of post-office
address to which process may be mailed by the
State Treasurer.....................................................................25.00
(e) for filing a certificate, order or decree
with respect to the dissolution of a
foreign corporation, the termination of
its existence, or the cancellation of its
authority, and issuing a certificate
of withdrawal......................................................................75.00
(5) Registered office and registered agent:
(a) for filing a certificate of change of address
of registered office, or change of
registered agent, or both.......................................................25.00
(b) (i) for filing a certificate of change of address
of registered agent, where such certificate effects
a change in the address of the registered office
of one to 499 corporations or of 500 or more
corporations in cases where the filing information
is not transmitted to the State Treasurer
in a machine readable format agreeable to the
Division of Commercial Recording, for each
corporation named in the certificate.....................................25.00
(ii) for filing a certificate of change of address
of registered agent, where such certificate
effects a change in the address of the registered
office of 500 or more corporations in cases
where the filing information is transmitted
to the State Treasurer in a machine readable format
agreeable to the Division of Commercial Recording........5,000.00
(iii) In addition to the fee imposed pursuant to
subparagraph (ii) of this paragraph, the
State Treasurer may assess an additional fee
not to exceed those administrative costs
associated with the technical transmission of
the filing information.
(c) for filing an affidavit of resignation of
a registered agent.................................................................25.00
(6) Annual report:
for each such report required to be filed.................[50.00] 63.00
(7) Tax clearance certificate from the Director of
the Division of Taxation: for each such certificate
required to be filed...............................................................20.00
(cf: P.L.2002, c.34, s.20)
2. Section 11 of P.L.1987, c.435 (C.22A:4-1a) is amended to read as follows:
11. For services herein enumerated the State Treasurer shall collect the following fees:
a. For filing any original business certificate for which no other fee is fixed by statute or regulation, [$125] $156.
For filing any change or amendment to a previously filed document for which no other fee is fixed by statute or regulation, $75.
For issuing any certificate or filing any other document for which no other fee is fixed by statute or regulation, $25.00, except that the provisions of this subsection shall not apply to:
(1) certificates of appointments for gubernatorial appointees;
(2) documents filed by public bodies under the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.);
(3) financial disclosures filed by State officials;
(4) oaths of office;
(5) resignation of office holders;
(6) documents filed by other State government entities indexed in the department's miscellaneous file.
b. For certification or exemplification of any document on file, $25.00.
c. For certification or exemplification of any signature on file, including the issuance of a certificate for proving a document outside the United States, also known as an apostille, $25.00; except that in cases of adoption of a child, the fee for an apostille shall be $5.00.
d. For filing a certified copy of an order of change of name, $50.00.
e. For a paper copy of any document on file, $1.00 per page. If a roll of microfilm images is requested, the State Treasurer shall collect a fee of $1.00 for each image on the microfilm roll. If a microfiche copy of a microfiche is requested, $3.00.
f. For filing a proof of publication, $10.00.
g. For filing any periodic report for which no other fee is fixed by statute or regulation, $63.00.
(cf: P.L.2002, c.34, s.34)
3. Section 65 of P.L.1983, c.489 (C.42:2A-68) is amended to read as follows:
65. Filing fees of the State Treasurer. On filing any certificate or other papers relative to limited partnerships in the Department of the Treasury, there shall be paid to the State Treasurer, filing fees, in addition to any applicable recording fees:
a. Filing an application to reserve
a specified limited partnership name and
issuing a certificate of reservation......................................$50.00
If application is for the first name available
for limited partnership use among not more
than three specified names..................................................$50.00
b. Filing a notice of transfer of a
reserved limited partnership name......................................$50.00
c. Filing original certificate of limited
partnership......................................................[$125.00] $156.00
d. Filing a certificate of amendment to the
certificate of limited partnership, including
any number of amendments................................................$75.00
e. Filing certificate of cancellation..................................$75.00
f. Filing order or judgment amending certificate
of limited partnership or cancellation.................................$75.00
g. Filing application by a foreign limited
partnership to transact business in this State
and issuing a certificate of authority....................[$125.00] $156
h. Filing application by a foreign limited
partnership for amended certificate to
transact business in this State and issuing
an amended certificate of authority.....................................$75.00
i. Filing annual report......................................[$50.00] $63.00
j. Filing a certificate or registration
of an alternate name...........................................................$50.00
k. Filing a renewal of registration of
alternate name....................................................................$50.00
l. Limited partnership status reports-
per name...............................................................................$5.00
m. Filing a change of agent or office,
or both................................................................................$25.00
n. All other certificates issued or papers filed
but not otherwise provided for .......................[$125.00] $156.00
o. Issuing a standing certificate.......................................$25.00
p. Issuing a certificate or providing name
availability up to three names.............................................$25.00
q. Filing a certificate of
correction...........................................................................$50.00
(cf: P.L.2002, c.34, s.35)
4. Section 65 of P.L.1993, c.210 (C.42:2B-65) is amended to read as follows:
65. a. No document required to be filed under this act shall be effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the State Treasurer for the use of the State:
(1) Upon the receipt for filing of a certificate of registration of alternate name or a certificate of renewal pursuant to section 4 of this act, a fee in the amount of $50.
(2) Upon the receipt for filing of an application for reservation of name, an application for renewal of reservation or a notice of transfer or cancellation of reservation pursuant to section 5 of this act, a fee in the amount of $50.
(3) Upon the receipt for filing of a certificate under subsection b. of section 6 of this act, a fee in the amount of $25, upon the receipt for filing of a certificate under subsection b. of section 7 of this act, a fee in the amount of $25 and a further fee of $10 for each limited liability company affected by such certificate.
(4) Upon the receipt for filing of a notice of resignation and affidavit pursuant to subsection c. of section 7 of this act, a fee in the amount of $25 and upon the receipt for filing of a certificate of change pursuant to subsection c. of section 7 of this act, a fee in the amount of $25.
(5) Upon the receipt for filing of a certificate of formation under section 11 of this act a fee in the amount of [$125] $156; and upon receipt for filing, a certificate of correction under section 12 of this act, a certificate of amendment under section 13 of this act, a certificate of cancellation under section 14 of this act, a certificate of merger or consolidation under section 20 of this act or a restated certificate of formation under section 19 of this act, a fee in the amount of $100.
(6) Upon filing of an annual report, a fee in the amount of [$50.00] $63.00.
(7) Upon requesting a reinstatement of a certificate of a limited liability company, a late filing fee of $200.00 and a reinstatement filing fee of $75.00.
(8) For certifying copies of any paper on file as provided for by this act, a fee in the amount of $25 for each copy certified.
(9) The State Treasurer may issue photocopies of instruments on file as well as other copies, and for all of those copies, whether certified or not, a fee in the amount of $10 for the first page and $2 per page thereafter shall be paid.
(10) Upon the receipt for filing of an application for registration as a foreign limited liability company under section 53 of this act or a certificate of cancellation under section 56 of this act, a fee in the amount of [$125] $156.
(11) For preclearance of any document for filing, a fee in the amount of $50.
(12) For preparing and providing a written report of a record search, a fee in the amount of $50.
(13) For issuing any certificate of the State Treasurer, including but not limited to a certificate of good standing, other than a certification of a copy under paragraph (6) of this subsection, a fee in the amount of $50, except that for issuing any certificate of the State Treasurer that recites all of a limited liability company's filings with the State Treasurer, a fee of $100 shall be paid for each such certificate.
(14) For receiving and filing and/or indexing any certificate, affidavit, agreement or any other paper provided for by this act, for which no different fee is specifically prescribed, a fee in the amount of $75.
(15) The State Treasurer may in the Treasurer's discretion charge a fee of $50 for each check received for payment of any fee that is returned due to insufficient funds or the result of a stop payment order.
b. In addition to those fees charged under subsection a. of this section, there shall be collected by and paid to the State Treasurer the following:
(1) for all services described in subsection a. of this section that are requested to be completed within the same day as the day of the request, an additional sum of up to $50; and
(2) for all services described in subsection a. of this section that are requested to be completed within a 24-hour period from the time of the request, an additional sum of up to $25.
The State Treasurer shall establish (and may from time to time amend) a schedule of specific fees payable pursuant to this subsection.
c. The State Treasurer may in his discretion permit the extension of credit for the fees required by this section upon such terms as he shall deem to be appropriate.
(cf: P.L.2002, c.34, s.38)
5. (New section) No document required to be filed pursuant to section 47, 49 or 51 of P.L.2000, c.161 (C.42:1A-47, 42:1A-49 or 42:1A-51) shall be effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the State Treasurer for the use of the State:
a. Upon the receipt for filing a statement of qualification pursuant to section 47 of P.L.2000, c.161 (C.42:1A-47), a fee in the amount of $156.
b. Upon the filing of an annual report pursuant to section 49 of P.L.2000, c.161 (C.42:1A-49), a fee in the amount of $63.
c. Upon the receipt for filing a statement of foreign qualification pursuant to section 51 of P.L.2000, c.161 (C.42:1A-51), a fee in the amount of $156.
6. This act shall take effect on July 1, 2010.
STATEMENT
This bill increases certain business filing fees by approximately 25 percent and establishes new fees for filing certain documents required for certain partnership statements.
Specifically, the bill increases by 25 percent the following business fees: filing an original certificate of incorporation, from $125 to $156; filing an application for a certificate of authority to transact business in this State and issuing a certificate of authority to a foreign corporation, from $125 to $156; and filing an annual report, from $50 to $63. The bill increases the fees for filing any original business certificate for which there is no other fixed fee, from $125 to $156 and establishes a new $63 fee for filing any periodic report for which there is no other fixed fee.
The bill also increases by 25 percent certain fees associated with establishing or maintaining a limited partnership, specifically: filing an original certificate of limited partnership, from $125 to $156; filing an application by a foreign limited partnership to transact business in this State and issuing a certificate of authority, from $125 to $156; filing an annual report, from $50 to $63; and all other certificates issued or papers filed for which there is no other fixed fee, from $125 to $156.
Furthermore, the bill increases the following fees associated with the establishment and maintenance of limited liability companies: for filing a certificate of formation, from $125 to $156; filing an annual report, from $50 to $63; for filing an application for registration as a foreign limited liability company, from $125 to $156; or a certificate of cancellation, from $125 to $156.
Lastly, the bill supplements the "Uniform Partnership Act," P.L.2000, c.161 (C.42:1A-1 et seq.) to establish fees for the following actions: for filing a statement of qualifications, $156; filing an annual report, $63; and for filing a statement of foreign qualifications, $156.
