SENATE, No. 2049

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED JUNE 16, 2008

 


 

Sponsored by:

Senator JOHN H. ADLER

District 6 (Camden)

Senator PAUL A. SARLO

District 36 (Bergen, Essex and Passaic)

 

 

 

 

SYNOPSIS

     Provides one hour and two hour service options for expedited over the counter corporate service requests.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning expedited corporate filings and amending P.L.1982, c.150.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  Section 4 of P.L.1982, c.150 (C.52:16A-38) is amended to read as follows:

     4.    a. The Division of Commercial Recording shall provide for and establish an expedited over the counter corporate service.  The processing of requests and information and documents shall be a priority same day service , with options for one hour service and two hour service effected in a fast and efficient manner.

     b.    The Division of Commercial Recording shall provide expedited over the counter corporate service for the following requests:

     (1)   Any information contained in the annual report of a corporation;

     (2)   A certificate of standing;

     (3)   A certified or uncertified copy of any document filed with the Division of Commercial Recording;

     (4)   A certificate as to the existence or nonexistence of any facts on record with the Division of Commercial Recording;

     (5)   The availability of a corporate name under N.J.S.14A:2-2;

     (6)   Filing a certificate of incorporation;

     (7)   Whether or not a corporation's certificate of incorporation or authority has been voided or revoked;

     (8)   The name and address of the registered agent of a corporation;

     (9)   The date of incorporation of a domestic corporation or the date of qualification of a foreign corporation;

     (10)  The name and address of a corporation which has filed an alternate name certificate pursuant to N.J.S.14A:2-2.1;

     (11) A financing statement filing (UCC-1) pursuant to N.J.S.2A:9- 501 et seq.;

     (12) A change of record filing (UCC-3) pursuant to N.J.S.12A:9-501 et seq.;

     (13) A request for information or copies of filed financing statements (UCC-11) pursuant to N.J.S.12A:9-501 et seq.;

     (14) Any other information contained in the documents filed with the Division of Commercial Recording, which in the discretion of the Secretary of State is readily available;

     (15)  Filing a certificate of merger;

     (16)  Filing a certificate of amendment; and

     (17)  Any other filing which the Secretary of State agrees to accept.

     c.  The processing of expedited over the counter corporate service requests shall include one hour and two hour service options and shall include a fee schedule, established by regulation by the State Treasurer, commensurate with the various services available pursuant to subsection b. of this section and the various time frames provided by regulation.

(cf:  P.L.2001, c.117, s.30)

 

     2.    Section 6 of P.L.1982, c.150 (C.52:16A-40) is amended to read as follows:

     6.    The State Treasurer shall charge a [$15] fee for use of telephone and expedited over the counter corporate services, which shall be in addition to the fee for the service provided by law.  The statutory fee and the additional fee shall be paid by the person requesting the information and documents by the method of payment as established by the State Treasurer.

(cf:  P.L.2002, c.34, s.39)

 

     3.    Section 7 of P.L.1982, c.150 (C.52:16A-41) is amended to read as follows:

     7.    The State Treasurer may promulgate rules and regulations necessary to establish guidelines for the use of telephone and expedited over the counter corporate services , including one hour and two hour service options, and the use of electronic data processing for direct access to the information provided under this act by persons so authorized and for the  method of payment for the use of telephone and expedited over the counter corporate services.  The State Treasurer shall establish fees for electronic data processing services which cover the cost of those services.

(cf:  P.L.2002, c.34, s.40)

 

     4.    This act shall take effect immediately.

 

STATEMENT

 

     This bill provides one hour and two hour service options for expedited over the counter corporate service requests.  The one hour and two hour service options fee schedule will by established by the  State Treasurer by regulation. 

     Under current law, expedited service is available as a priority same day service.  “Same day service” is defined under current regulation as “no later than 8.5 business hours from the time the request is received.” (See N.J.A.C.17:35-1.2) 

     This bill proposes recommendations made by the New Jersey Corporate and Business Law Study Commission.  The bill is based on the expedited corporate filing options available in Delaware.