Brief Description: The Department of Commerce, Community, and Economic Development proposes to set fees and adopt conforming language pertaining to the regulation of business corporations, nonprofit corporations, limited liability companies, and other business entity types, to establish a new section that regulates statements of mergers, interest exchanges, conversions and domestications, and other provisions required to implement the statutory amendments made in Chapter 60, SLA 2013 (an act adopting the Alaska Entity Transactions Act).
The Department of Commerce, Community, and Economic Development proposes to adopt regulation changes in Title 3, Chapter 16 of the Alaska Administrative Code, dealing with fees for initial reservation or registration of a business name, fees and charges for limited liability partnerships, fees for copies, fees for accepting service of process, fees for filing any other instrument, fees for expedited filings and copies, determining distinguishable names, electronic signatures, and fees and charges for filing, including the following:
1. 3 AAC 16.010, Fee for reservation, registration, or renewal of a reserved or registered business name under AS 10.06, AS 10.15, AS 10.20, AS 10.25, AS 10.35, AS 10.40, AS 10.45, AS 10.50, AS 32.06, or AS 32.11, is proposed to be changed to alter the renewal requirements for a business name reservation.
2. 3 AAC 16.055, Fees and charges for limited liability partnership under AS 32.06, is proposed to be changed to update the statutory references relating to fees and charges for domestic or foreign limited liability partnerships.
3. 3 AAC 16.080, Fees for copies, is proposed to update the authority citation consistent with the statutory amendments made in Chapter 60, SLA 2013.
4. 3 AAC 16.090, Fee for accepting service of process, is proposed to update the authority citation consistent with the amendments made in Chapter 60, SLA 2013.
5. 3 AAC 16.100, Fee for filing any other instrument, is proposed to update the authority citation consistent with the amendments made in Chapter 60, SLA 2013.
6. 3 AAC 16.105, Fee for expedited filings and copies, is proposed to update the authority citation consistent with the amendments made in Chapter 60, SLA 2013, and to alter the provisions related to requests for expedited filings and copies.
7. 3 AAC 16.120, Determining distinguishable names, is proposed to update the authority citation consistent with the statutory amendments made in Chapter 60, SLA 2013.
8. 3 AAC 16.130, Electronic signatures, is proposed to be changed to alter the requirements for electronic signatures.
9. 3 AAC 16.140, Fee and charges for filing under AS 10.55, is a proposed new section that establishes fees and charges for filing statements of mergers, interest exchanges, conversions, and domestications.
If the Department of Commerce, Community, and Economic Development adopts the proposed regulations described above, the earliest date that they could take effect is July 1, 2014, the effective date of the statutory changes made under Chapter 60, SLA 2013.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments by mail, fax, or e-mail to:
Jun Maiquis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
P.O. Box 110806
Juneau, AK 99811-0806
Fax: (907) 465-2974
E-mail: jun.maiquis@alaska.gov
The written comments must be received no later than 4:30 p.m. on April 21, 2014.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 no later than April 14, 2014 to ensure that any necessary accommodations can be provided.
For a copy of the proposed regulation changes, contact Jun Maiquis at the address or phone number above, or go to http://www.commerce.alaska.gov/dnn/portals/5/pub/corp-1213.pdf
After the public comment period ends, the Department of Commerce, Community, and Economic Development will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.
Statutory Authority: AS 09.80.020; AS 10.06.105; AS 10.06.115; AS 10.06.125; AS 10.06.130; AS 10.06.140; AS 10.06.145; AS 10.06.175; AS 10.06.633; AS 10.06.720; AS 10.06.828; AS 10.06.830; AS 10.06.833; AS 10.06.835; AS 10.06.838; AS 10.06.840; AS 10.06.843; AS 10.06.845; AS 10.06.953; AS 10.13.120; AS 10.15.545; AS 10.15.555; AS 10.15.578; AS 10.15.580; AS 10.20.021; AS 10.20.470; AS 10.20.471; AS 10.20.530; AS 10.20.635; AS 10.20.640; AS 10.20.705; AS 10.20.905; AS 10.25.040; AS 10.25.530; AS 10.35.020; AS 10.35.040; AS 10.35.060; AS 10.35.070; AS 10.40.015; AS 10.40.130; AS 10.40.140; AS 10.45.120; AS 10.45.240; AS 10.50.025; AS 10.50.035; AS 10.50.040; AS 10.50.408; AS 10.50.850; AS 10.50.900; AS 10.55.603; AS 32.05.750; AS 32.06.911; AS 32.06.922; AS 32.06.970; AS 32.11.120; AS 32.11.810; AS 32.11.820; AS 32.11.870; AS 40.25.110; AS 40.25.115; AS 40.25.120
Statutes Being Implemented, Interpreted, or Made Specific: AS 09.80.020; AS 10.06.105; AS 10.06.115; AS 10.06.125; AS 10.06.130; AS 10.06.140; AS 10.06.145; AS 10.06.175; AS 10.06.633; AS 10.06.720; AS 10.06.828; AS 10.06.830; AS 10.06.833; AS 10.06.835; AS 10.06.838; AS 10.06.840; AS 10.06.843; AS 10.06.845; AS 10.06.953; AS 10.13.120; AS 10.15.545; AS 10.15.555; AS 10.15.578; AS 10.15.580; AS 10.20.021; AS 10.20.470; AS 10.20.471; AS 10.20.530; AS 10.20.635; AS 10.20.640; AS 10.20.705; AS 10.20.905; AS 10.25.040; AS 10.25.530; AS 10.35.020; AS 10.35.040; AS 10.35.060; AS 10.35.070; AS 10.40.015; AS 10.40.130; AS 10.40.140; AS 10.45.120; AS 10.45.240; AS 10.50.025; AS 10.50.035; AS 10.50.040; AS 10.50.408; AS 10.50.850; AS 10.50.900; AS 10.55.603; AS 32.05.750; AS 32.06.911; AS 32.06.922; AS 32.06.970; AS 32.11.120; AS 32.11.810; AS 32.11.820; AS 32.11.870; AS 40.25.110; AS 40.25.115; AS 40.25.120
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 03/20/14
Jun Maiquis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, please send your request to the Division of Corporations, Business and Professional Licensing at the address above and include your name, address, and the occupational area in which you are interested.
ADDITIONAL REGULATIONS NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: Fee for reservation, registration, or renewal of a reserved or registered business name under AS 10.06, AS 10.15, AS 10.20, AS 10.25, AS 10.35, AS 10.40, AS 10.45, AS 10.50, AS 32.06, or AS 32.11, fees and charges for limited liability partnership under AS 32.06, fees for copies, fee for accepting service of process, fee for filing any other instrument, fee for expedited filings and copies, determining distinguishable names, electronic signatures, and fee and charges for filing under AS 10.55.
3. Citation of regulation: 3 AAC 16.010, 3 AAC 16.055, 3 AAC 16.080, 3 AAC 16.090, 3 AAC 16.100, 3 AAC 16.105, 3 AAC 16.120, 3 AAC 16.130, and 3 AAC 16.140.
4. Department of Law file number: To be assigned.
5. Reason for the proposed action: Update current regulations and compliance with new or changed state statute.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2014 or in subsequent years.
8. The name of the contact person for the regulations:
Kathy Fagerstrom, Program Coordinator
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-2427
E-mail: kathryn.fagerstrom@alaska.gov
9. The origin of the proposed action: Division of Corporations and Business Licensing.
10. Date: 03/20/14
Prepared by: Jun Maiquis, Regulations Specialist