Administrative Rule Review Report   #AR09-038

Legislative Service Office

02-Jul-09

AGENCY: Secretary of State Office.

DATE SUBMITTED: July 2, 2009.

SUBJECT: Chapter 1, Section 3, General Provisions; Chapter 7, Section 1, Transfer of a Wyoming Corporation to Another Jurisdiction, Wyoming Business Corporation Act.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 17-16-122 and 17-16-130

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:   Apparently complete to date.  Although the agency stated these are not new rules, the rules were in response to 09 Senate File 72; therefore, notice of the proposed adoption of new rules was provided by LSO as required by W.S. 28-9-103(d).  No written comments have been received to date.

SUMMARY OF RULES:        The rules delete several definitions which are no longer relevant after the passage of 2009 Senate File 72.  In addition, the rules repeal certain filing requirements for corporations transferring to another jurisdiction that are no longer required under Wyoming statutes.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Lynda Cook

Staff Attorney

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Dan Pauli

Director

LGC/