West Virginia 2023 Regular Session

West Virginia Senate Bill SB515

Introduced
1/30/23  
Refer
1/30/23  
Engrossed
2/10/23  
Refer
2/13/23  

Caption

Clarifying deadline to file annual report for companies authorized to do business in WV

Impact

With the passing of SB515, the amendments will modify the existing framework surrounding the filing of annual reports, effectively enforcing a standard fee of $25 for the annual report submission and setting late fees for delinquent filings. Veteran-owned businesses will benefit from exemptions from these fees for the first four years after their initial registration, promoting business opportunities for military personnel. The bill will also penalize non-compliance with mandatory disclaimers in third-party solicitations for annual report filings, enhancing protections for businesses against misleading solicitation practices.

Summary

Senate Bill 515 focuses on providing clarification regarding the deadline for corporations, limited partnerships, domestic limited liability partnerships, and foreign limited liability companies to file their annual reports in West Virginia. It aims to streamline the reporting process and ensure that these entities adhere to consistent filing practices. This includes the assessment of a bad check fee for invalid account numbers provided during fee payments and stipulates that the Secretary of State has the authority to waive registration fees at designated entrepreneurship events within the state.

Sentiment

The general sentiment surrounding SB515 appears supportive, particularly among those advocating for business interests and veterans. Proponents argue that simplifying and clarifying the annual reporting process will reduce confusion and promote compliance among businesses operating in West Virginia. However, some concerns arise regarding the imposition of penalties for non-compliance and the possible burden of additional fees on smaller businesses. Overall, the sentiment reflects a balance between encouraging business growth and ensuring compliance with state regulations.

Contention

Notable points of contention primarily revolve around the enforcement of disclaimers by third-party solicitations, which require clear communication to avoid misleading information targeting businesses. Critics may argue that the penalties for violations are stringent, potentially imposing significant burdens on smaller businesses. Additionally, while the exemptions for veteran-owned businesses have been praised, discussions about the broader implications of fee structures and compliance burdens for other business types continue, reflecting a need for sensitive navigation of the regulatory landscape.

Companion Bills

No companion bills found.

Previously Filed As

WV SB142

Clarifying deadline to file annual report for companies authorized to do business in WV

WV SB25

Requiring disclaimers on third-party, nongovernment solicitations of services for filing business annual reports with Secretary of State

WV SB96

Requiring disclaimers on third-party, nongovernment solicitations mailed or otherwise provided to businesses

WV SB583

Permitting registered business organizations to voluntarily submit public phone number to Secretary of State

WV AB778

Taxation: corporations: minimum franchise tax: limited liability companies: annual tax: small businesses.

WV AB91

Taxation: corporations: minimum franchise tax: limited liability companies: annual tax: small businesses: microbusinesses.

WV AB1432

Minimum franchise tax: annual tax: businesses.

WV HB2936

Allowing one free day for WV residents to obtain new for-profit business license

WV S1816

Permits certain businesses to complete business registration certificate and annual report together.

WV A361

Permits certain businesses to complete business registration certificate and annual report together.

Similar Bills

CT HB05489

An Act Concerning The Integrity Of The Business Registry.

CA SB30

Domestic partnership.

NV AB433

Revises certain fees collected by the Secretary of State. (BDR 7-895)

NV SB75

Revises various provisions relating to businesses in this State. (BDR 7-484)

AR SB513

To Amend The Law Concerning Annual Disclosures For The Secretary Of State; To Amend The Law Concerning Name Availability; And To Amend The Annual Report Requirements For Certain Business Entities For The Secretary Of State.

CA AB1580

Enforcement of money judgments: examination.

CA SB1168

Business entities: Secretary of State: document filings.

DE HB339

An Act To Amend Title 6 Of The Delaware Code Relating To The Delaware Revised Uniform Partnership Act.