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Thursday, March 24, 2016

April 2016 State Holidays and Office Closures

State Holidays and Office Closures

Please note state filing offices occasionally make last-minute changes to their holiday closing schedules. We will update this list as we become aware of any such changes.

DateState(s)Holiday
Friday, April 16
DC                               
Emancipation Day
Monday, April 18MA, MEPatriots Day
Monday, April 25AL, GA, MSConfederate Memorial Day
Friday, April 29NEArbor Day

CLAS Information Services understands that your job doesn't stop just because a state filing office is closed. Our online DIY Search™ and UCC eZFILE® systems provide users with anytime, anywhere access to perform UCC and lien searches, print online images and prepare UCC filings for submission as soon as the state resumes operations. Want to learn more? Contact CLAS at 800.952.5696 or click here to request a free system demo!

Thursday, March 17, 2016

Mailing of Delaware LLC, LP and GP Tax Notices Delayed

Due to the Delaware Division of Corporations' implementation of a new computer system, mailing was delayed for their 2015 tax notices for Limited Liability Companies (LLCs), Limited Partnerships (LPs) and General Partnerships (GPs). Traditionally sent at the end of February, 2015 tax notices are scheduled to be mailed the week of March 21, 2016.

Despite the late mailing of tax notices, all domestic and foreign LLCs, LPs and GPs must pay their Annual Taxes on or before June 1, 2016 to avoid penalties and a loss of good standing in the state of Delaware.

Finding it difficult to manage all of the annual compliance requirements for your entities? Sign up for Annual Report Management through CLAS! We will monitor all state requirements, track filing deadlines and prepare and submit the appropriate forms and/or fees on time, every time. 

Contact CLAS today for a free consultation 800.952.5696 | connect@clasinfo.com  

Tuesday, March 15, 2016

Protect Your UCC Priority with ABCs of Post-Closing Due Diligence

After funding a deal and filing a UCC Financing Statement, it's critical  to keep an eye out for post-closing events that could jeopardize your ability collect. CLAS suggests following the ABCs of post-closing due diligence to protect your priority for the life of your loan.

Always Perform a Search to Reflect
A search to reflect is a great way to catch UCC filing mistakes before it's too late. Sometimes referred to as a post-filing verification search, the value of a search to reflect is twofold. First, the search will confirm that the filing office made no errors when indexing your document and second, it will verify your lien position relative to other creditors.

Be Mindful of Changes in the Public Record
It is important to monitor for changes in the public record that could affect your position to collect. Debtor monitoring programs perform regularly scheduled UCC and/or corporate database searches and alert you to any important changes such as unauthorized terminations, new UCC or tax lien filings, changes in corporate status, mergers, name changes, etc.

Carefully Track UCC Lapse Dates
To maintain a healthy UCC portfolio you must carefully track UCC lapse dates and file timely Continuation Statements when a debtor's financial obligation extends beyond five years. It is important to manage this process meticulously, as a lapsed UCC filing ceases to be effective and can open the door for a junior creditor to move into a first-priority position.

CLAS CAN HELP! 
From easy-to-order online searches to reflect, to low-cost UCC and Corporate monitoring and automated Continuation Alerts, CLAS Information Services offers a full suite of post-closing solutions to help you preserve your priority position and minimize your risk for loss. Contact CLAS today for a free consultation! 800.952.5696 | connect@clasinfo.com

Thursday, March 3, 2016

California Bill Seeks to Change Statement of Information Due Dates

In early 2015, California Assemblymember Cheryl R. Brown introduced Assembly Bill 871 (AB-871), which seeks to change the filing period for when business entities in California file their annual report, known in California as a Statement of Information. 

Currently, Statement of Information due dates are tied to the entity’s date of formation. Under existing California law, all Corporations and Limited Liability Companies must file an initial Statement of Information within 90 days after the filing of its original articles and periodic updates are due annually for corporations and biennially for limited liability companies, before the end of their anniversary month.

AB-871 proposes a switch to a fixed date model that would align California Statement of Information due dates with the federal tax filing deadlines based on entity type. AB-871 would require that:

·         All For Profit Corporations file their Statement of Information annually, by March 15
·         All Limited Liability Companies file their Statement of Information biennially, by April 15
·         All Nonprofit Corporations file their Statement of Information annually, by May 15

The bill’s author and other supporters suggest that standardizing the Statement of Information filing dates would eliminate confusion businesses face as to when Statements are due, thereby increasing compliance.

In April 2015, the Assembly Committee on Banking and Finance passed AB-871 by a vote of 11-0 and referred the bill to the Assembly Committee on Appropriations. There are no new votes scheduled for AB-871, but the California Society of Enrolled Agents (CSEA) who is sponsoring the bill indicates they expect the bill to begin moving again soon.

Do you support a switch to a fixed date filing schedule for Statements of Information in California? Leave a comment with your thoughts!