§ 5-75-4 Registration requirements. –(a) Registration required. Except as otherwise provided in this chapter,no person shall provide, advertise, or otherwise hold itself out as providingprofessional employer services in this state, unless such person is registeredunder this chapter and in conformance with the requirements of §44-30-71.4.
(b) Registration information. Each applicant forregistration under this chapter, shall provide the division of taxation withthe following information:
(1) The name or names under which the PEO conducts business;
(2) The address of the principal place of business of the PEOand the address of each office it maintains in this state;
(3) The PEO's taxpayer or employer identification number;
(4) A list by jurisdiction of each name under which the PEOhas operated in the preceding five (5) years, including any alternative names,names of predecessors and, if known, successor business entities;
(5) A statement of ownership, which shall include the nameand evidence of the business experience of any person that, individually oracting in concert with one or more other persons, owns or controls, directly orindirectly, twenty-five percent (25%) or more of the equity interests of thePEO;
(6) A statement of management, which shall include the nameand evidence of the business experience of any person who serves as president,chief executive officer, or otherwise has the authority to act as seniorexecutive officer of the PEO; and
(7) A list of clients including client name, physicaladdress, telephone number and federal identification number.
(1) Each PEO operating within this state as of the effectivedate of this chapter shall complete its initial registration not later than onehundred eighty (180) days after the effective date of this chapter. Suchinitial registration shall be valid through the subsequent July 31 of theregistration year.
(2) Each PEO not operating within this state as of theeffective date of this chapter shall complete its initial registration prior tocommencement of operations within this state.
(d) Renewal. On August 1st of each subsequent yearsuch registrant shall renew its registration by notifying the division oftaxation of any changes in the information provided in such registrant's mostrecent registration or renewal which shall be effective for an annual term fromAugust 1 through July 31 of the subsequent year.
(e) Group registration. Any two or more PEO's heldunder common control of any other person or persons acting in concert may beregistered as a PEO group. A PEO group may satisfy any reporting and financialrequirements of this registration law on a consolidated basis.
(f) Alternative Registration. The division of taxationmay by rule and regulation provide for the acceptance of an affidavit orcertification of a bonded, independent and qualified assurance organizationthat has been approved by the department certifying qualifications of aprofessional employer organization in lieu of the requirements of § 5-75-6.
(g) List. The state tax administrator shall maintain alist of professional employer organizations registered under this chapter.
(h) Forms. The state tax administrator may prescribeforms necessary to promote the efficient administration of this section.
(i) Record confidentiality. All records, reports andother information obtained from a PEO under this chapter, except to the extentnecessary for the proper administration of this chapter by the state taxadministrator, shall be confidential and shall not be published or open topublic inspection other than to public employees in the performance of theirpublic duties.
(1) A PEO is eligible for a limited registration under thischapter if such PEO;
(a) Submits a properly executed request for limitedregistration on a form provided by the department;
(b) Is domiciled outside this state and is licensed orregistered as a PEO in another state;
(c) Does not maintain an office in this state or directlysolicit clients located or domiciled within this state; and
(d) Does not have more than fifty (50) covered employeesemployed or domiciled in this state on any given day.
(2) A limited registration is valid for one year, and may berenewed.
(3) A PEO seeking limited registration under this sectionshall provide the department with information and documentation necessary toshow that the PEO qualifies for a limited registration.
(4) Section 5-75-6 of this chapter shall not apply toapplicants for limited registrations.
§ 5-75-4 Registration requirements. –(a) Registration required. Except as otherwise provided in this chapter,no person shall provide, advertise, or otherwise hold itself out as providingprofessional employer services in this state, unless such person is registeredunder this chapter and in conformance with the requirements of §44-30-71.4.
(b) Registration information. Each applicant forregistration under this chapter, shall provide the division of taxation withthe following information:
(1) The name or names under which the PEO conducts business;
(2) The address of the principal place of business of the PEOand the address of each office it maintains in this state;
(3) The PEO's taxpayer or employer identification number;
(4) A list by jurisdiction of each name under which the PEOhas operated in the preceding five (5) years, including any alternative names,names of predecessors and, if known, successor business entities;
(5) A statement of ownership, which shall include the nameand evidence of the business experience of any person that, individually oracting in concert with one or more other persons, owns or controls, directly orindirectly, twenty-five percent (25%) or more of the equity interests of thePEO;
(6) A statement of management, which shall include the nameand evidence of the business experience of any person who serves as president,chief executive officer, or otherwise has the authority to act as seniorexecutive officer of the PEO; and
(7) A list of clients including client name, physicaladdress, telephone number and federal identification number.
(1) Each PEO operating within this state as of the effectivedate of this chapter shall complete its initial registration not later than onehundred eighty (180) days after the effective date of this chapter. Suchinitial registration shall be valid through the subsequent July 31 of theregistration year.
(2) Each PEO not operating within this state as of theeffective date of this chapter shall complete its initial registration prior tocommencement of operations within this state.
(d) Renewal. On August 1st of each subsequent yearsuch registrant shall renew its registration by notifying the division oftaxation of any changes in the information provided in such registrant's mostrecent registration or renewal which shall be effective for an annual term fromAugust 1 through July 31 of the subsequent year.
(e) Group registration. Any two or more PEO's heldunder common control of any other person or persons acting in concert may beregistered as a PEO group. A PEO group may satisfy any reporting and financialrequirements of this registration law on a consolidated basis.
(f) Alternative Registration. The division of taxationmay by rule and regulation provide for the acceptance of an affidavit orcertification of a bonded, independent and qualified assurance organizationthat has been approved by the department certifying qualifications of aprofessional employer organization in lieu of the requirements of § 5-75-6.
(g) List. The state tax administrator shall maintain alist of professional employer organizations registered under this chapter.
(h) Forms. The state tax administrator may prescribeforms necessary to promote the efficient administration of this section.
(i) Record confidentiality. All records, reports andother information obtained from a PEO under this chapter, except to the extentnecessary for the proper administration of this chapter by the state taxadministrator, shall be confidential and shall not be published or open topublic inspection other than to public employees in the performance of theirpublic duties.
(1) A PEO is eligible for a limited registration under thischapter if such PEO;
(a) Submits a properly executed request for limitedregistration on a form provided by the department;
(b) Is domiciled outside this state and is licensed orregistered as a PEO in another state;
(c) Does not maintain an office in this state or directlysolicit clients located or domiciled within this state; and
(d) Does not have more than fifty (50) covered employeesemployed or domiciled in this state on any given day.
(2) A limited registration is valid for one year, and may berenewed.
(3) A PEO seeking limited registration under this sectionshall provide the department with information and documentation necessary toshow that the PEO qualifies for a limited registration.
(4) Section 5-75-6 of this chapter shall not apply toapplicants for limited registrations.
§ 5-75-4 Registration requirements. –(a) Registration required. Except as otherwise provided in this chapter,no person shall provide, advertise, or otherwise hold itself out as providingprofessional employer services in this state, unless such person is registeredunder this chapter and in conformance with the requirements of §44-30-71.4.
(b) Registration information. Each applicant forregistration under this chapter, shall provide the division of taxation withthe following information:
(1) The name or names under which the PEO conducts business;
(2) The address of the principal place of business of the PEOand the address of each office it maintains in this state;
(3) The PEO's taxpayer or employer identification number;
(4) A list by jurisdiction of each name under which the PEOhas operated in the preceding five (5) years, including any alternative names,names of predecessors and, if known, successor business entities;
(5) A statement of ownership, which shall include the nameand evidence of the business experience of any person that, individually oracting in concert with one or more other persons, owns or controls, directly orindirectly, twenty-five percent (25%) or more of the equity interests of thePEO;
(6) A statement of management, which shall include the nameand evidence of the business experience of any person who serves as president,chief executive officer, or otherwise has the authority to act as seniorexecutive officer of the PEO; and
(7) A list of clients including client name, physicaladdress, telephone number and federal identification number.
(1) Each PEO operating within this state as of the effectivedate of this chapter shall complete its initial registration not later than onehundred eighty (180) days after the effective date of this chapter. Suchinitial registration shall be valid through the subsequent July 31 of theregistration year.
(2) Each PEO not operating within this state as of theeffective date of this chapter shall complete its initial registration prior tocommencement of operations within this state.
(d) Renewal. On August 1st of each subsequent yearsuch registrant shall renew its registration by notifying the division oftaxation of any changes in the information provided in such registrant's mostrecent registration or renewal which shall be effective for an annual term fromAugust 1 through July 31 of the subsequent year.
(e) Group registration. Any two or more PEO's heldunder common control of any other person or persons acting in concert may beregistered as a PEO group. A PEO group may satisfy any reporting and financialrequirements of this registration law on a consolidated basis.
(f) Alternative Registration. The division of taxationmay by rule and regulation provide for the acceptance of an affidavit orcertification of a bonded, independent and qualified assurance organizationthat has been approved by the department certifying qualifications of aprofessional employer organization in lieu of the requirements of § 5-75-6.
(g) List. The state tax administrator shall maintain alist of professional employer organizations registered under this chapter.
(h) Forms. The state tax administrator may prescribeforms necessary to promote the efficient administration of this section.
(i) Record confidentiality. All records, reports andother information obtained from a PEO under this chapter, except to the extentnecessary for the proper administration of this chapter by the state taxadministrator, shall be confidential and shall not be published or open topublic inspection other than to public employees in the performance of theirpublic duties.
(1) A PEO is eligible for a limited registration under thischapter if such PEO;
(a) Submits a properly executed request for limitedregistration on a form provided by the department;
(b) Is domiciled outside this state and is licensed orregistered as a PEO in another state;
(c) Does not maintain an office in this state or directlysolicit clients located or domiciled within this state; and
(d) Does not have more than fifty (50) covered employeesemployed or domiciled in this state on any given day.
(2) A limited registration is valid for one year, and may berenewed.
(3) A PEO seeking limited registration under this sectionshall provide the department with information and documentation necessary toshow that the PEO qualifies for a limited registration.
(4) Section 5-75-6 of this chapter shall not apply toapplicants for limited registrations.
