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Legislative Highlights from NPRRA

Submitted by UCS on June 20, 2019

White Plains, NY June 20, 2019 – From the desk of Nicholas Hopeck, NPRRA Government Affairs Committee Chair, below is a summary of April and May 2019 legislative highlights that may affect the way your entity conducts business:

Alabama House Bill 251 was signed by the governor on May 23, 2019. The bill makes technical corrections regarding the name of the Alabama Limited Liability Company Law, the ability of a partnership to continue as an entity for a brief period of time under the law with one partner or no partners and the duty of a partner in a general partnership to not compete with the partnership before the partnership is dissolved. The bill is retroactively effective as of January 1, 2019.

Delaware House Bill 43 was signed by the governor April 9, 2019. The bill eliminates the requirement under several provisions of Title 24 that applicants for professional licenses as well as adult entertainment establishments submit notarized applications. This bill changes the licensing requirements enforced by the Division of Professional Regulation to remove the notarization requirement for all licensing applications, which will make the application process more economically and logistically available.

Indiana House Bill 1487 was signed by the governor on May 1, 2019. The bill amends the law concerning the business practices of the secretary of state, including: (1) access to information maintained by the secretary of state; (2) use of electronic information and transmissions; (3) striking the current Uniform Commercial Code (UCC) financing statement form; adding use of a format that meets certain criteria for the filings; and amending the UCC fees; (4) adding to the requirement to include a notary public’s Indiana county on an authentication certificate; (5) amending requirements concerning notary public examination and education; (6) prohibiting performance of a notarial act: (a) to benefit oneself or one’s spouse; or (b) when a commission is suspended or revoked; (7) specifying a notarial act fee applies; (8) providing for issuance of a certificate of fact for a notary public per signature; (9) requiring maintenance of a remote notary public electronic journal for 10 years; and (10) providing for nonresident corporate service of process on the secretary of state. Repeals current law concerning excavation contractor filings and precontracting documentation of compliance with underground facility damage law. Requires the formatting of certain documents to be approved by the International Association of Commercial Administrators or the Secretary of State. Specifies October 1, 2019, as the date for a fee increase concerning the indexing of certain documents. Makes the law concerning remote notarial acts applicable only to a remote notarial act performed after the earlier of the effective date of certain administrative rules or July 1, 2020. Increases the fee that a notary public may charge for a remote notarial act from $15 to $25. Provides that, for certain filings, the provision of an electronic mail address is discretionary. Makes a technical amendment and conforming changes

Oklahoma Senate Bill 642 was signed by the governor on April 22, 2019. The bill defines a charitable nonstock corporation as any nonprofit nonstock corporation that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code. In contrast, a nonstock corporation is defined as any corporation organized under the OGCA that is not authorized to issue capital stock. Lastly, a nonprofit nonstock corporation is a defined as a nonstock corporation that does not have membership interests. The bill becomes effective November 1, 2019.

West Virginia Senate Bill 669 was signed by the governor on March 25, 2019. The bill authorizes the West Virginia Secretary of State to appoint notaries as a commissioner to acknowledge signatures performed in or out of West Virginia by persons residing in or out of the state covering deeds, leases, and other writings pertaining to West Virginia property for recordation in the state. The bill became effective June 7, 2019.

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