B.  Reports

 

§414-472  Annual report.  (a)  [Subsectioneffective until June 30, 2010.  For subsection effective July 1, 2010, seebelow.]  Each domestic corporation, and each foreign corporation authorizedto transact business in this State, shall deliver to the department directorfor filing an annual report that sets forth:

(1)  The name of the corporation and the state orcountry under whose law it is incorporated;

(2)  The mailing address of its principal office, theaddress of its registered office in this State, and the name of its registeredagent at its registered office in this State;

(3)  The names and business addresses of its directorsand officers; and

(4)  A brief description of the nature of itsbusiness.

Domestic corporations shall also provide the totalnumber of authorized shares, itemized by class and series, if any, within eachclass, and the total number of issued and outstanding shares, itemized by classand series, if any, within each class.

(a)  [Subsection effective July 1, 2010.  Forsubsection effective until June 30, 2010, see above.]  Each domesticcorporation, and each foreign corporation authorized to transact business inthis State, shall deliver to the department director for filing an annualreport that sets forth:

(1)  The name of the corporation and the state orcountry under whose law it is incorporated;

(2)  The mailing address of its principal office andthe information required by section 425R-4(a);

(3)  The names and business addresses of its directorsand officers; and

(4)  A brief description of the nature of itsbusiness.

Domestic corporations shall also provide the totalnumber of authorized shares, itemized by class and series, if any, within eachclass, and the total number of issued and outstanding shares, itemized by classand series, if any, within each class.

(b)  The annual report shall be filed withinthe time periods prescribed in subsections (c) and (d).

(c)  Notwithstanding any of the provisions 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 a domesticor foreign corporation whose date of incorporation or registration in thisState 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 thecorporation'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 thecorporation'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 corporation'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 corporation's affairs as of October 1 of the year when filed;

provided that if a domestic or foreign corporationis incorporated or registered in the same year in which the annual report isdue, the domestic or foreign corporation shall not be required to file anannual report for that year.  Thereafter, the domestic or foreign corporationshall comply with the requirements of this section.

(e)  If an annual report does not contain theinformation required by this section, the department director shall promptlynotify the reporting domestic or foreign corporation in writing and return thereport to it for correction.  If the report is corrected to contain theinformation required by this section and delivered to the department directorwithin thirty days after the effective date of notice, it is deemed to betimely filed. [L 2000, c 244, pt of §1; am L 2001, c 129, §50; am L 2002, c130, §36; am L 2003, c 124, §18; am L 2009, c 55, §16]