Below are the recent Jurisdictional Updates as of August 2021.
Alabama passed HB 165, which took effect on April 19, 2021, authorizing the Secretary of State to waive fees for certificates of existence fee during declared states of emergency.
Arkansas passed 2 new legislation which took effect on April 21, 2021. HB 1926 to define and clarify what constitutes control of virtual currency for purposes of the Uniform Commercial Code. And SB 340 to regulate witnessing requirements for certain documents by a notary in response to the COVID-19 emergency. Lastly, effective on May 1, 2021, SB 601 was passed to adopt the Uniform Limited Liability Company Act and repeal the Small Business Entity Tax Pass-Through Act.
Arizona passed HB 2617, effective on December 31, 2021, to amend the lien law. The final bill addresses the disposition of proceeds from the sale of homestead property subject to a lien.
Colorado passed HB 1124, which took effect on April 19, 2021, facilitates business entities’ ability to conduct business activities electronically.
Delaware passed 4 new legislation which took effect on August 1, 2021. SB 113 amends General Corporation Law to clarify that shares of a corporation’s capital stock are held by another entity. SB 114 to update the Limited Liability Company Act. The updates relate to the creation, regulation, operation, and dissolution of domestic LLC and the registration and regulation of foreign LLC. SB115 amends the Revised Uniform Partnership Act code to the creation, regulation, operation, and dissolution of domestic LLC and the registration and regulation of foreign LLC. SB 116 amends the Revised Uniform Limited Partnership Act. Updates to the creation, regulation, operation, and dissolution of domestic LLC and the registration and regulation of foreign LLC.
Florida passed 4 new legislations. SB 602, which took effect on May 7, 2021, amends the Business Corporation Act relating to appraisal rights and limits the dissolved entity’s name from being unavailable after dissolution. HB 483 took effect on June 29, 2021, to amend the notary law. The changes the notary revise the definition, supervising the witnessing, and revise various forms. HB 35 effective on January 1, 2022, to authorize website publication of legal notices under alternative legal notice delivery methods. Also effective on January 1, 2022, HB 121 to regulate notaries allowing employers to require the use of certain technology and standards.
Georgia passed 2 new legislations. HB 306, which took effect on April 29, 2021, provides that corporations and nonprofit corporations may hold annual and special meetings by remote communications. And HB 408 took effect on May 10, 2021, to amend the mechanics and materialmen lien law.
Hawaii passed new legislation which took effect on July 6, 2021, that amends the data requirements for land recordation by the bureau of conveyances.
Illinois passed 3 new legislations. SB 2176 took effect on June 25, 2021, to adopt the Uniform Electronic Transactions Act. SB 72 took effect on July 1, 2021, and adopted the Electronic Wills and Remote Witnessing Act. Also on July 1, 2022, SB 2664 authorizes electronic and remote notarization which amends the Notary Public Act. Lastly, SB 116 which took effect on August 6, 2021, amends the Business Corporation Act of 1983.
Indiana passed HB 1464, which took effect on April 29, 202, which amends business laws relating to emergency procedures for shareholder meetings and enables corporations to conduct meetings by remote communication.
Iowa passed 4 new pieces of legislation, all took effect on July 1, 2021. SF 342 which had been previously amended to include fraudulent UCC filing provisions. HF 527 is a bill for an act relating to the authority of county boards of supervisors to amend an agreement between the counties to implement the county land record information system. HF 837 is a bill for an act relating to the use of fees collected by a county recorder or governing board of the county land record information system for processing and recording instruments. HF 844 is a bill for an act providing for business entities, providing for certain fees, and including effective date provisions.
Kentucky passed SB 162 to rename the Division of Business Filings, to the Office of Business Services. The change took effect on April 26, 2021.
Louisiana passed 3 new legislations. HB 307 took effect on June 1, 2021, provides relative to notary examination preparatory education and instruction reporting requirements. SB 161 took effect on June 16, 2021, which extends the exemption from corporate franchise tax for small business corporations. And lastly, effective on January 1, 2022, HB 140 provides for the modernization of certain provisions of the Code of Civil Procedures.
Maine passed 2 new legislations. HB 1033 took effect on June 23, 2021, which extended remote online notarization. And HP 614 took effect on July 11, 2021, which directed the Secretary of State to establish a webpage on Benefit Corporations.
Maryland passed HB 647, which took effect on July 1, 2021, repealing certain fees charged by the State Department of Assessments and Taxation for processing articles of dissolution, certificates of cancellation, and certain other documents.
North Carolina passed SB 172 to extend the emergency authority for remote notarial acts through the end of 2021.
Nevada passed 2 new pieces of legislation. AB 245 to increase the fees a notary may charge for certain services. AB 325 to provide for the recording of a certified paper copy of an electronic document. These new laws took effect on July 1, 2021.
New Jersey passed 3 new pieces of legislation. AB 4932 took effect on May 12, 2021, which permits the use of alternate names by limited liability partnerships. AB 3384 took effect on August 10, 2021, to adopt the Uniform Voidable Transfers Act. AB 4250, effective on November 20, 2021, to adopt RULONA with the 2018 amendments that authorize electronic signatures and remote online notary.
New Mexico passed SB 202 which took effect on April 15, 201, the Sec. of State of New Mexico will not accept old forms. Statutes for dba names are on the home page of the Sec. of State’s website and all new forms are available under Business Services.
Ohio passed SB 49 which creates a statutory lien against commercial real estate in favor of professional services provided under the contract. The new law takes effect on September 30, 2021.
Oklahoma passed SB 273 to require that persons who prepare certain tax lien notices related to personal property must register with the Oklahoma Tax Commission and pay a $50 annual fee. The new law takes effect on January 1, 2022.
Oregon passed 3 new pieces of legislation. Effective on January 1, 2022, HB 2884 extends the deadline for recording certain partition plats. Effective immediately, SB 220 to prescribe formalities for remote attestation of writing and SB 765 to make permanent provisions related to tangible copies of electronic records. The new law allows a notary to certify a tangible copy of an electronic record and authorizes a county clerk to record a tangible copy of an electronic record certified by a notary.
Rhode Island passed 3 new pieces of legislation. HB 6064 which took effect on July 9, 2021, amends the nonprofit corporation law regarding merger and consolidation of domestic and foreign corporations. HB 5051 took effect on July 13, 2021, to increase the time that SOS can withdraw a certificate of revocation for a corporation, nonprofit corporation, or LLC from 10 to 20 years without the corporation or limited liability company being required to seek reinstatement by the legislature. HB 5511 passed on June 30, 2021, is an act relating to uniform commercial code. It clarifies UCC provisions to specify that the provisions apply to electronic transactions.
South Carolina passed 2 new pieces of legislation. SB 467 took effect on May 6, 2021, to provide requirements for an applicant seeking to organize a bank. SB 631 took effect on June 1, 2021, to enact the State Electronic Notary Act.
Texas passed 3 new pieces of legislation taking effect on September 1, 2021. HB 3794 relating to oil and gas liens. The lien would be automatically perfected without the need to file a financing statement or other record. SB 885 to specify the effect of a quitclaim deed. And lastly, SB 1523 which took effect on June 1, 2022, is a new law to the registered and protected series of domestic limited liability companies; authorizing fees.
Vermont passed HB 199 which took effect on May 6, 2021, an act relating to validating legal instruments used in connection with the conveyance of real estate.