Bill Text: IA SF2185 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the resignations of registered agents serving certain business entities. (Formerly SSB 3029.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-06-03 - Withdrawn. S.J. 640. [SF2185 Detail]
Download: Iowa-2019-SF2185-Introduced.html
Senate
File
2185
-
Introduced
SENATE
FILE
2185
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3029)
A
BILL
FOR
An
Act
relating
to
the
resignations
of
registered
agents
1
serving
certain
business
entities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2185
Section
1.
Section
486A.1213,
subsection
3,
Code
2020,
is
1
amended
to
read
as
follows:
2
3.
The
agency
appointment
is
terminated,
and
the
registered
3
office
discontinued
if
so
provided,
A
statement
of
resignation
4
takes
effect
on
the
earlier
of
the
following:
5
a.
12:01
a.m.
on
the
thirty-first
day
after
the
date
on
6
which
the
statement
of
resignation
was
it
is
filed
with
the
7
secretary
of
state
.
8
b.
The
designation
of
a
new
registered
agent
for
the
9
partnership.
10
Sec.
2.
Section
488.116,
subsection
3,
Code
2020,
is
amended
11
to
read
as
follows:
12
3.
A
registered
agency
for
service
of
process
is
terminated
13
on
the
date
on
which
the
statement
of
resignation
was
filed
14
with
the
secretary
of
state.
A
statement
of
resignation
takes
15
effect
on
the
earlier
of
the
following:
16
a.
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
which
17
it
is
filed
with
the
secretary
of
state.
18
b.
The
designation
of
a
new
registered
agent
for
the
limited
19
partnership.
20
Sec.
3.
Section
489.115,
subsection
2,
Code
2020,
is
amended
21
to
read
as
follows:
22
2.
The
agency
appointment
is
terminated,
and
the
registered
23
office
discontinued
if
so
provided,
on
the
date
on
which
the
24
statement
was
filed.
A
statement
of
resignation
takes
effect
25
on
the
earlier
of
the
following:
26
a.
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
which
27
it
is
filed
with
the
secretary
of
state.
28
b.
The
designation
of
a
new
registered
agent
for
the
limited
29
liability
company.
30
Sec.
4.
Section
490.503,
subsection
2,
Code
2020,
is
amended
31
to
read
as
follows:
32
2.
The
agency
appointment
is
terminated,
and
the
registered
33
office
discontinued
if
so
provided,
on
the
date
on
which
the
34
statement
was
filed.
A
statement
of
resignation
takes
effect
35
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on
the
earlier
of
the
following:
1
a.
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
which
2
it
is
filed
with
the
secretary
of
state.
3
b.
The
designation
of
a
new
registered
agent
for
the
4
corporation.
5
Sec.
5.
Section
490.1509,
subsection
2,
Code
2020,
is
6
amended
to
read
as
follows:
7
2.
The
agency
appointment
is
terminated,
and
the
registered
8
office
discontinued
if
so
provided,
on
the
date
on
which
the
9
statement
was
filed.
A
statement
of
resignation
takes
effect
10
on
the
earlier
of
the
following:
11
a.
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
which
12
it
is
filed
with
the
secretary
of
state.
13
b.
The
designation
of
a
new
registered
agent
for
the
foreign
14
corporation.
15
Sec.
6.
Section
499.74,
subsection
3,
Code
2020,
is
amended
16
to
read
as
follows:
17
3.
The
agency
appointment
is
terminated,
and
the
registered
18
office
discontinued
if
so
provided,
A
statement
of
resignation
19
takes
effect
on
the
earlier
of
the
following:
20
a.
12:01
a.m.
on
the
thirty-first
day
after
the
date
on
21
which
the
statement
was
it
is
filed
with
the
secretary
of
22
state
.
23
b.
The
designation
of
a
new
registered
agent
for
the
24
association.
25
Sec.
7.
Section
501.106,
subsection
5,
paragraph
b,
Code
26
2020,
is
amended
to
read
as
follows:
27
b.
The
agency
appointment
is
terminated,
and
the
registered
28
office
discontinued
if
so
provided,
on
the
date
on
which
the
29
statement
was
filed.
A
statement
of
resignation
takes
effect
30
on
the
earlier
of
the
following:
31
(1)
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
32
which
it
is
filed
with
the
secretary
of
state.
33
(2)
The
designation
of
a
new
registered
agent
for
the
34
association.
35
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Sec.
8.
Section
501A.403,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
The
agency
appointment
is
terminated,
and
the
registered
3
office
discontinued
if
so
provided,
on
the
date
on
which
4
the
statement
is
filed
by
the
secretary.
A
statement
of
5
resignation
takes
effect
on
the
earlier
of
the
following:
6
a.
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
which
7
it
is
filed
with
the
secretary
of
state.
8
b.
The
designation
of
a
new
registered
agent
for
the
9
cooperative.
10
Sec.
9.
Section
501B.11,
subsection
4,
Code
2020,
is
amended
11
to
read
as
follows:
12
4.
a.
An
amendment
to
or
cancellation
of
a
statement
13
appointing
an
agent
to
receive
service
of
process
must
meet
the
14
requirements
for
executing
an
original
statement.
An
agent
may
15
resign
by
filing
a
resignation
in
the
office
of
the
secretary
16
of
state
and
giving
notice
to
the
association.
17
b.
A
statement
of
resignation
takes
effect
on
the
earlier
18
of
the
following:
19
(1)
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
20
which
it
is
filed
with
the
secretary
of
state.
21
(2)
The
designation
of
a
new
registered
agent
for
the
22
association.
23
Sec.
10.
Section
504.503,
subsection
2,
Code
2020,
is
24
amended
to
read
as
follows:
25
2.
The
agency
appointment
is
terminated,
and
the
registered
26
office
discontinued
if
so
provided,
on
the
date
the
statement
27
was
filed.
A
statement
of
resignation
takes
effect
on
the
28
earlier
of
the
following:
29
a.
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
which
30
it
is
filed
with
the
secretary
of
state.
31
b.
The
designation
of
a
new
registered
agent
for
the
32
corporation.
33
Sec.
11.
Section
504.1509,
subsection
2,
Code
2020,
is
34
amended
to
read
as
follows:
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2.
The
agency
appointment
is
terminated,
and
the
registered
1
office
discontinued
if
so
provided,
on
the
date
on
which
the
2
statement
is
filed
with
the
secretary
of
state.
A
statement
of
3
resignation
takes
effect
on
the
earlier
of
the
following:
4
a.
12:01
a.m.
on
the
thirty-first
day
after
the
day
on
which
5
it
is
filed
with
the
secretary
of
state.
6
b.
The
designation
of
a
new
registered
agent
for
the
foreign
7
corporation.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
BILL’S
PROVISIONS.
This
bill
provides
that
the
resignation
12
of
a
business
entity’s
registered
agent
takes
effect
as
of
13
12:01
a.m.
on
the
31st
day
after
the
day
on
which
a
statement
of
14
resignation
is
filed
with
the
secretary
of
state
or
when
a
new
15
registered
agent
is
designated
by
the
business
entity
(e.g.,
16
by
filing
a
statement
of
change
with
the
secretary
of
state).
17
Currently,
the
appointment
is
terminated
on
the
date
that
the
18
resignation
statement
is
filed
with
the
secretary
of
state.
19
BACKGROUND
——
REGISTERED
AGENTS
AND
REGISTERED
OFFICES.
A
20
registered
agent
is
a
person
who
represents
a
business
entity
21
(other
than
a
sole
proprietorship)
by
serving
as
the
official
22
point
of
contact
with
the
state
in
which
the
business
entity
23
is
located
or
doing
business
and
who
acts
to
receive
service
24
of
process
and
legal
or
government
documents
or
correspondence
25
for
transmission
to
the
business
entity’s
principle
place
26
of
business.
A
registered
agent
is
required
to
maintain
a
27
business
office
in
this
state
which
must
also
be
registered.
28
BUSINESS
ENTITIES
SUBJECT
TO
THE
BILL.
A
business
entity
29
required
to
maintain
a
registered
agent
and
registered
30
office
includes
a
partnership,
including
a
limited
liability
31
partnership
(Code
section
486A.1211);
limited
partnership
32
(Code
section
488.114);
limited
liability
company,
including
33
a
professional
limited
liability
company
and
series
limited
34
liability
company
(Code
section
489.113);
a
business
(for
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profit)
corporation
(Code
sections
490.501
and
490.1507);
an
1
association
organized
on
a
cooperative
basis
(Code
sections
2
499.72,
501.106,
and
501A.401);
an
unincorporated
nonprofit
3
association
(Code
section
501B.11);
and
a
nonprofit
corporation
4
(Code
sections
504.501
and
504.1507).
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