§428-210 - Annual report.
§428-210 Annual report. (a) [Subsectioneffective until June 30, 2010. For subsection effective July 1, 2010, seebelow.] Each limited liability company and each foreign limited liabilitycompany authorized to transact business in this State shall deliver to thedirector for filing an annual report that sets forth:
(1) The name of the company and the state or countryunder whose law it is organized;
(2) The mailing address of the company's principaloffice, the street address of its registered office in this State, and the nameof 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 eachmanager, and the number of members; or
(B) If not, the name and address of eachmember.
(a) [Subsection effective July 1, 2010. Forsubsection effective until June 30, 2010, see above.] Each limitedliability company and each foreign limited liability company authorized totransact business in this State shall deliver to the director for filing anannual report that sets forth:
(1) The name of the company and the jurisdictionunder whose law it is organized;
(2) The mailing address of the company's principaloffice 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 eachmanager, and the number of members; or
(B) If not, the name and address of eachmember.
(b) The annual report shall be filed withinthe time periods prescribed in subsections (c) and (d).
(c) Notwithstanding any other provision ofthis chapter to the contrary, annual reports reflecting the period from January1, 2002, through December 31, 2002, that would otherwise be required, may bevoluntarily filed with the department director if the annual report complieswith the requirements of this section.
(d) Effective January 1, 2003, for domestic orforeign limited liability companies whose date of organization or registrationin this State falls between:
(1) January 1 and March 31, an annual report shall befiled on or before March 31 of each year and shall reflect the state of thecompany's affairs as of January 1 of the year when filed;
(2) April 1 and June 30, an annual report shall befiled on or before June 30 of each year and shall reflect the state of thecompany's affairs as of April 1 of the year when filed;
(3) July 1 and September 30, an annual report shallbe filed on or before September 30 of each year and shall reflect the state ofthe company's affairs as of July 1 of the year when filed; and
(4) October 1 and December 31, an annual report shallbe filed on or before December 31 of each year and shall reflect the state ofthe company's affairs as of October 1 of the year when filed;
provided that if a domestic or foreign limitedliability company is organized in the same year in which the annual report isdue, the domestic or foreign limited liability company shall not be required tofile an annual report for that year. Thereafter, the domestic or foreignlimited liability company shall comply with the requirements of this section.
(e) If an annual report does not contain theinformation required in subsection (a), the director shall return the reportfor correction. If the report is corrected to contain the information requiredin subsection (a) and delivered to the director within thirty days after thedate 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; amL 2000, c 219, §73; am L 2002, c 130, §106; am L 2009, c 55, §56]