355.857. Option of biennial filing of corporate registration reports.
Option of biennial filing of corporate registration reports.
355.857. 1. Notwithstanding the provisions of section 355.856 to thecontrary, beginning January 1, 2010, the secretary of state may providecorporations the option of biennially filing corporate registrationreports. Any corporation incorporated or qualified in an even-numberedyear may file a biennial corporate registration report only in aneven-numbered calendar year, and any corporation incorporated or qualifiedin an odd-numbered year may file a biennial corporate registration reportonly in an odd-numbered calendar year, subject to the followingrequirements:
(1) The fee paid at the time of biennial registration shall be thatspecified in section 355.021;
(2) A corporation's biennial corporate registration report shall befiled in a format as prescribed by the secretary of state;
(3) The secretary of state may collect an additional fee of tendollars on each biennial corporate registration report filed under thissection. Such fee shall be deposited into the state treasury and creditedto the secretary of state's technology trust fund account.
2. Once a corporation chooses the option of biennial registration,such registration shall be maintained for the full twenty-four-monthperiod. Once the twenty-four-month period has expired and anothercorporate registration report is due, a corporation may choose to file anannual registration report under section 355.856. However, upon makingsuch choice the corporation may later only choose to file a biennialcorporate registration report in a year appropriate under subsection 1 ofthis section, based on the year in which the corporation was incorporated.
3. The secretary of state may promulgate rules for the effectiveadministration of this section. Any rule or portion of a rule, as thatterm is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2009, shall be invalid and void.
(L. 2009 H.B. 481)