CHAPTER NO. 784

HOUSE BILL NO. 2915

By Representative Hargrove

Substituted for: Senate Bill No. 2811

By Senator Crutchfield

AN ACT to amend Tennessee Code Annotated, Sections 48-11-303(a) through (c) and Sections 48-51-303(a) through (c), and to repeal Tennessee Code Annotated, Section 67-4-412, relative to filing, service and copying fees and privilege taxes collected by the Secretary of State.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 48-11-303(a)-(c), is amended by deleting the existing subsections in their entirety and by substituting instead the following:

(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to the Secretary of State for filing:

Document Fee

(1) Charter (including designation of

initial registered office and agent) $100.00

(2) Application for use of indistinguishable

name $20.00

(3) Application for reserved name $20.00

(4) Notice of transfer or cancellation of

reserved name $20.00

(5) Application for registered name $20.00

(6) Application for renewal for registered name $20.00

(7) Application for or change, cancellation,

or renewal of, assumed name $20.00

(8) Corporation's statement of change of

registered agent or registered office, or

both $20.00

(9) Agent's statement of change of

registered office $20.00

(10) Agent's statement of resignation $20.00

(11) Charter amendment $20.00

(12) Restatement of charter $20.00

(13) Amended and restated charter $20.00

(14) Articles of merger or share exchange $100.00

(15) Articles of dissolution and termination

by incorporators or directors $20.00

(16) Articles of dissolution $20.00

(17) Articles of revocation of dissolution $20.00

(18) Articles of termination of corporate

existence $20.00

(19) Certificate of administrative

dissolution No fee

(20) Application for reinstatement

following administrative dissolution $70.00

(21) Articles of termination following

administrative dissolution or revocation $100.00

(22) Certificate of reinstatement No fee

(23) Certificate of judicial dissolution No fee

(24) Application for certificate of authority

(including designation of initial

registered office and agent) $600.00

(25) Application for amended certificate of

authority $20.00

(26) Application for certificate of

withdrawal $20.00

(27) Certificate of revocation of authority to

transact business No fee

(28) Application for certificate of

withdrawal following administrative

revocation $100.00

(29) Application for reinstatement

following administrative revocation $70.00

(30) Annual report $20.00

(31) Articles of correction $20.00

(32) Application for certificate of existence

or authorization $20.00

(33) Any other document required or

permitted to be filed by Chapters 11-27 of

this Title $20.00

(b) The Secretary of State shall collect a fee of twenty dollars ($20.00) each time process is served on the Secretary of State under Chapters 11-27 of this Title. The party to a proceeding causing service of process is entitled to recover this fee as costs if such party prevails in the proceeding.

(c) The Secretary of State shall collect a fee of twenty dollars ($20.00) for copying all filed documents relating to a domestic or foreign corporation. All such copies will be certified or validated by the Secretary of State.

SECTION 2. Tennessee Code Annotated, Section 48-51-303(a)-(c), is amended by deleting the existing subsections in their entirety and by substituting instead the following:

The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to the Secretary of State for filing:

Document Fee

(1) Charter (including designation of

initial registered office and agent) $100.00

(2) Application for use of indistinguishable

name $20.00

(3) Application for reserved name $20.00

(4) Notice of transfer or cancellation of

reserved name $20.00

(5) Application for registered name $20.00

(6) Application for renewal of registered name $20.00

(7) Application for or change, cancellation,

or renewal of, assumed name $20.00

(8) Corporation's statement of change of

registered agent or registered office, or

both $20.00

(9) Agent's statement of change of

registered office $20.00

(10) Agent's statement of resignation $20.00

(11) Charter amendment $20.00

(12) Restatement of charter $20.00

(13) Amended and restated charter $20.00

(14) Articles of merger $100.00

(15) Articles of dissolution and termination

by incorporators or directors $20.00

(16) Articles of dissolution $20.00

(17) Articles of revocation of dissolution $20.00

(18) Articles of termination of corporate

existence $20.00

(19) Certificate of administrative

dissolution No fee

(20) Application for reinstatement

following administrative dissolution $70.00

(21) Certificate of reinstatement No fee

(22) Articles of termination following

administrative dissolution or revocation $100.00

(23) Certificate of judicial dissolution No fee

(24) Application for certificate of authority

(including designation of initial

registered office and agent) $600.00

(25) Application for amended certificate of

authority $20.00

(26) Application for certificate of

withdrawal $20.00

(27) Certificate of revocation of authority to

transact business No fee

(28) Application for reinstatement

following administrative revocation $70.00

(29) Application for certificate of

withdrawal following administrative

revocation $100.00

(30) Annual report $20.00

(31) Articles of correction $20.00

(32) Application for certificate of existence

or authorization $20.00

(33) Any other document required or

permitted to be filed by chapters 51-68 of

this title $20.00

(b) The Secretary of State shall collect a fee of twenty dollars ($20.00) each time process is served on the Secretary of State under Chapters 51-68 of this Title. The party to a proceeding causing service of process is entitled to recover this fee as costs if such party prevails in the proceeding.

(c) The Secretary of State shall collect a fee of twenty dollars ($20.00) for copying all filed documents relating to a domestic or foreign corporation. All such copies will be certified or validated by the Secretary of State.

SECTION 3. Tennessee Code Annotated Section 67-4-412, is repealed.

SECTION 4. This act shall take effect upon becoming a law, the public welfare requiring it.

PASSED: April 9, 1998

APPROVED this 22nd day of April 1998