AN ACT TO CREATE NEW SECTION 79-35-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO REMOVE A FRAUDULENT RESIDENCE ADDRESS OF A REGISTERED AGENT WHEN THE CURRENT OCCUPANT OF THE RESIDENCE ADDRESS REQUESTS REMOVAL AND ATTESTS THAT THE PERSON LISTING THE RESIDENCE ADDRESS IS NOT ASSOCIATED WITH THE RESIDENCE ADDRESS; TO AMEND SECTIONS 79-4-1.25 AND 79-29-211, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF DAYS ALLOWED FOR THE SECRETARY OF STATE TO RETURN A DOCUMENT REFUSED FOR FILING TO A CORPORATION OR LIMITED LIABILITY COMPANY; AND FOR RELATED PURPOSES.
Impact
The bill is poised to enhance transparency and accuracy in public records, especially for businesses operating in Mississippi. By enabling the removal of fraudulent addresses, HB1416 seeks to prevent issues related to identity theft and to safeguard the privacy of individuals who reside at addresses that may otherwise be misused by businesses. Additionally, the bill amends sections pertaining to filing documents with the Secretary of State, thereby extending the period allowed for the return of refused documents from ten to thirty days. This adjustment is anticipated to improve the efficiency of managing corporate filings and alleviate the backlog for businesses waiting for document approval.
Summary
House Bill 1416 introduces significant amendments to the Mississippi Code, specifically focusing on the responsibilities and powers of the Secretary of State regarding registered agents and their associated addresses. The bill authorizes the Secretary of State to remove a fraudulent residence address of a registered agent upon request from the current occupant of the residence, provided the occupant attests that the listed agent is not associated with the address. This aims to protect individuals from having their residence misused as an official business address without permission.
Contention
While supporters of HB1416 argue that these changes will create a safer environment for business owners and protect residents' rights, there may be concern about the criteria and processes involved in claiming a fraudulent address. The potential for abuse or misuse of the process by individuals seeking to evade legitimate business obligations could also spark discussion. Furthermore, stakeholders may debate the implications of extending the document return window and whether this serves to enhance or hinder operational efficiency among businesses and regulatory bodies.
Relating to the method of delivery for certain filing instruments submitted to and services provided by the secretary of state and the threshold amount of certain related fees.
A bill for an act relating to documents filed with the secretary of state by business entities, including by authorizing the secretary of state to refuse to file documents or remove information from documents.
AN ACT to amend Tennessee Code Annotated, Title 43, Chapter 38; Title 48, Chapter 24; Title 48, Chapter 245; Title 48, Chapter 246; Title 48, Chapter 249; Title 48, Chapter 25; Title 48, Chapter 64; Title 48, Chapter 65 and Title 61, Chapter 3, relative to entities filing documents with the secretary of state.
AN ACT to amend Tennessee Code Annotated, Title 43, Chapter 38; Title 48, Chapter 24; Title 48, Chapter 245; Title 48, Chapter 246; Title 48, Chapter 249; Title 48, Chapter 25; Title 48, Chapter 64; Title 48, Chapter 65 and Title 61, Chapter 3, relative to entities filing documents with the secretary of state.