§428-210 - Annual report.
§428-210 Annual report. (a) [Subsection
effective until June 30, 2010. For subsection effective July 1, 2010, see
below.] Each limited liability company and each foreign limited liability
company authorized to transact business in this State shall deliver to the
director for filing an annual report that sets forth:
(1) The name of the company and the state or country
under whose law it is organized;
(2) The mailing address of the company's principal
office, the street address of its registered office in this State, and the name
of its registered agent at its registered office in the State; and
(3) Whether the company is manager-managed, and:
(A) If so, the name and address of each
manager, and the number of members; or
(B) If not, the name and address of each
member.
(a) [Subsection effective July 1, 2010. For
subsection effective until June 30, 2010, see above.] Each limited
liability company and each foreign limited liability company authorized to
transact business in this State shall deliver to the director for filing an
annual report that sets forth:
(1) The name of the company and the jurisdiction
under whose law it is organized;
(2) The mailing address of the company's principal
office and the information required by section 425R-4(a); and
(3) Whether the company is manager-managed, and:
(A) If so, the name and address of each
manager, and the number of members; or
(B) If not, the name and address of each
member.
(b) The annual report shall be filed within
the time periods prescribed in subsections (c) and (d).
(c) Notwithstanding any other provision of
this chapter to the contrary, annual reports reflecting the period from January
1, 2002, through December 31, 2002, that would otherwise be required, may be
voluntarily filed with the department director if the annual report complies
with the requirements of this section.
(d) Effective January 1, 2003, for domestic or
foreign limited liability companies whose date of organization or registration
in this State falls between:
(1) January 1 and March 31, an annual report shall be
filed on or before March 31 of each year and shall reflect the state of the
company's affairs as of January 1 of the year when filed;
(2) April 1 and June 30, an annual report shall be
filed on or before June 30 of each year and shall reflect the state of the
company's affairs as of April 1 of the year when filed;
(3) July 1 and September 30, an annual report shall
be filed on or before September 30 of each year and shall reflect the state of
the company's affairs as of July 1 of the year when filed; and
(4) October 1 and December 31, an annual report shall
be filed on or before December 31 of each year and shall reflect the state of
the company's affairs as of October 1 of the year when filed;
provided that if a domestic or foreign limited
liability company is organized in the same year in which the annual report is
due, the domestic or foreign limited liability company shall not be required to
file an annual report for that year. Thereafter, the domestic or foreign
limited liability company shall comply with the requirements of this section.
(e) If an annual report does not contain the
information required in subsection (a), the director shall return the report
for correction. If the report is corrected to contain the information required
in subsection (a) and delivered to the director within thirty days after the
date on which it was mailed to the limited liability company by the director,
the report shall be considered to be timely filed. [L 1996, c 92, pt of §1; am
L 2000, c 219, §73; am L 2002, c 130, §106; am L 2009, c 55, §56]