Section 10-12-60 Fees for filing documents and issuing certificates; Secretary of State Limited Liability Companies Fund created; deposits and expenditures; deposits to State General Fund.
Section 10-12-60
Fees for filing documents and issuing certificates; Secretary of State Limited Liability Companies Fund created; deposits and expenditures; deposits to State General Fund.
REPEALED IN THE 2009 REGULAR SESSION BY ACT 2009-513, EFFECTIVE JULY 1, 2011. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) In lieu of all other charges and fees, the following fees shall be collected in accordance with the provisions of this chapter:
(1) Filing articles of organization, $40 for the State of Alabama and $35 for the judge of probate.
(2) Filing articles of amendment and issuing a certificate of amendment, $10 for the judge of probate.
(3) Filing restated articles of organization, $25 for the judge of probate and $10 for the State of Alabama.
(4) Filing a report of the name and address of registered agent or a statement of change of address of registered office or change of registered agent, or both, $5 for the State of Alabama.
(5) Filing articles of dissolution, $5 for the judge of probate and $10 for the State of Alabama.
(6) Filing an application of a foreign limited liability company for an amended certificate of authority to transact business in this state and issuing an amended certificate of authority, $25 for the State of Alabama.
(7) Filing a certificate of cancellation of a foreign limited liability company and issuing a certificate, $20 for the State of Alabama.
(8) Filing a copy of the articles of merger as required by Section 10-12-57, $5 plus $.50 per page in excess of five pages to the judge of probate.
(9) Filing the application for registration as a foreign limited liability company and issuing the certificate of registration to transact business in this state, $75 for the State of Alabama.
(10) Filing any other statement or report of a domestic or foreign limited liability company, $10 for the State of Alabama.
(b) When appropriate two checks shall accompany the document, one payable to the judge of probate for all charges of the judge of probate, and one payable to the State of Alabama covering all charges for the Secretary of State. The check for the Secretary of State will be forwarded by the judge of probate to the Secretary of State.
(c) There is created in the State Treasury a fund to be known and designated as the Secretary of State Limited Liability Companies Fund. All funds, fees, charges, costs, and collections accruing to or collected by the office of the Secretary of State under the provisions of this chapter, and any other fees collected by the Secretary of State relating to limited liability companies shall be deposited into the State Treasury to the credit of the fund except as provided in subsection (e) below.
(d) All funds now or hereafter deposited in the State Treasury to the credit of the Secretary of State Limited Liability Companies Fund shall not be expended for any purpose whatsoever unless the funds have been allotted and budgeted in accordance with the provisions of Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill or this section.
(e) An amount equal to 80 percent of total collections by the Secretary of State for each fiscal year in relation to limited liability companies during the fiscal year shall be deposited to the credit of the State General Fund.
(f) The fees herein imposed for the office of the judge of probate shall be charged and paid into the appropriate county treasury or to the judge of probate as may be authorized or required by law.
(Acts 1993, No. 93-724, p. 1425, §60.)