Michigan Laws 450.5101 – Filing fees; deposit; use; charges for certifying or copying files or records; dishonored checks; form of payment; waiver; veteran
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Terms Used In Michigan Laws 450.5101
- Administrator: means the director of the department or his or her designated representative. See Michigan Laws 450.4102
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Articles of organization: means the original documents filed to organize a limited liability company, as amended or restated by certificates of correction, amendment, or merger, by restated articles, or by other instruments filed or issued under any statute. See Michigan Laws 450.4102
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 450.4102
- domestic limited liability company: means an entity that is an unincorporated membership organization formed under this act. See Michigan Laws 450.4102
- Foreign limited liability company: means a limited liability company formed under laws other than the laws of this state. See Michigan Laws 450.4102
- Member: means a person that has been admitted to a limited liability company as provided in section 501, or, in the case of a foreign limited liability company, a person that is a member of the foreign limited liability company in accordance with the laws under which the foreign limited liability company is organized. See Michigan Laws 450.4102
- Person: means an individual, partnership, limited liability company, trust, custodian, estate, association, corporation, nonprofit corporation, governmental entity, or any other legal entity. See Michigan Laws 450.4102
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The fees to be paid to the administrator when the documents described in this subsection are delivered to the administrator for filing are as follows:
(a) Certificate of correction, $25.00.
(b) Articles of organization, $50.00.
(c) Amendment to the articles of organization, $25.00.
(d) Restated articles of organization, $50.00.
(e) Application for reservation of name, $25.00.
(f) Certificate of assumed name or a certificate of termination of assumed name, $25.00.
(g) Annual statement of resident agent and registered office, $15.00 if paid after September 30, 2027. Through September 30, 2027, the fee is $25.00.
(h) Certificate of restoration of good standing, $50.00.
(i) Notice of resignation of resident agent, or statement of change of registered office or resident agent, $5.00.
(j) Certificate of merger as provided in article 7, $100.00.
(k) Certificate of abandonment, $10.00.
(l) Certificate of conversion, $25.00.
(m) Certificate of dissolution, $10.00.
(n) Application of a foreign limited liability company for a certificate of authority to transact business in this state, $50.00.
(o) Certificate correcting statement contained in an application for a certificate of authority to transact business in this state, $25.00.
(p) Certificate attesting to the occurrence of a merger of a foreign limited liability company, as provided in section 1005, $10.00.
(q) Application for withdrawal and issuance of a certificate of withdrawal of a foreign limited liability company, $10.00.
(2) In addition to a fee required to file a document, the administrator may charge a fee of $50.00 if the document is filed by facsimile or other electronic transmission or the administrator is requested to transmit a document by facsimile or other electronic transmission.
(3) The administrator shall not refund all or any part of a fee described in this section. The administrator shall deposit all fees received and collected under this section in the state treasury to the credit of the administrator, who may only use the money credited in accordance with legislative appropriation and only in carrying out those duties of the department required by law.
(4) A minimum charge of $1.00 for each certificate and 50 cents per folio must be paid to the administrator for certifying a part of a file or record pertaining to a domestic or foreign limited liability company if a fee is not set forth in subsection (1). The administrator may furnish copies of documents, reports, and papers required or permitted by law to be filed with the administrator, and shall charge for those copies the fee established in a schedule of fees adopted by the administrator with the approval of the state administrative board. The administrator shall retain the revenue collected under this subsection and use it to defray the costs of the department’s copying and certifying services.
(5) If a domestic or foreign limited liability company pays fees or penalties by check and the check is dishonored, the fee is considered unpaid and the filing of all related documents will be rescinded.
(6) The administrator may accept payment by credit card, instead of cash or check, as payment of a fee under this act. The administrator shall determine which credit cards the administrator accepts for payment of a fee.
(7) The administrator shall waive the fee otherwise required under subsection (1) for filing initial articles of organization if a majority of the initial membership interests in the domestic limited liability company will be held by veterans.
(8) To request a fee waiver under subsection (7), the person that is submitting the initial articles of organization for filing shall submit both of the following to the administrator with that document:
(a) A signed affidavit requesting the fee waiver and certifying that a majority of the initial membership interests in the domestic limited liability company will be held by veterans.
(b) Copies of form DD214 or form DD215, or any other form that is satisfactory to the department, for each veteran who will be an initial member of the limited liability company.
(9) The administrator shall waive any fee otherwise required under this section if a majority of the membership interests in the domestic or foreign limited liability company responsible for paying the fee are, and the domestic or foreign limited liability company provides proof satisfactory to the administrator that those interests are, held by veterans. This subsection does not apply to the fee for filing initial articles of organization.
(10) As used in this section, “veteran” means that term as defined in section 1 of 1965 PA 190, MCL 35.61.