Section 351.122

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 351

Effective - 28 Aug 2009   

  351.122.  Option of biennial filing of corporate registration reports. — 1.  Notwithstanding the provisions of section 351.120 to the contrary, beginning January 1, 2010, the secretary of state may provide corporations the option of biennially filing corporate registration reports.  Any corporation incorporated or qualified in an even-numbered year may file a biennial corporate registration report only in an even-numbered calendar year, and any corporation incorporated or qualified in an odd-numbered year may file a biennial corporate registration report only in an odd-numbered calendar year, subject to the following requirements:

  (1)  The fee paid at the time of biennial registration shall be eighty dollars if the report is filed in a written format.  The fee shall be thirty dollars if the report is filed via an electronic format prescribed by the secretary of state;

  (2)  A corporation's biennial corporate registration report shall be filed in a format as prescribed by the secretary of state;

  (3)  The secretary of state may collect an additional fee of ten dollars for each biennial corporate registration report filed under this section.  Such fee shall be deposited into the state treasury and credited to the secretary of state's technology trust fund account.

  2.  Once a corporation chooses the option of biennial registration, such registration shall be maintained for the full twenty-four-month period.  Once the twenty-four-month period has expired and another corporate registration report is due, a corporation may choose to file an annual registration report under section 351.120.  However, upon making such choice the corporation may later only choose to file a biennial corporate registration report in a year appropriate under subsection 1 of this section, based on the year in which the corporation was incorporated.

  3.  The secretary of state may promulgate rules for the effective administration of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

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(L. 2009 H.B. 481)