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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Corporations
Chapter Nine. Fees, Franchise Taxes and Charges

 

Section 901. Fees, Franchise Taxes and Charges to be Collected by Secretary

The Secretary shall charge and collect in accordance with the provisions of this Title:

(a) Fees for filing documents and issuing certificates.

(b) Miscellaneous charges.

(c) License fees.

(d) Franchise taxes.

All such charges shall be properly accounted for and deposited in the Tribal Treasury Account, not less than ten days after receipt by the Secretary.

Absentee Shawnee Corporation Act Section 901, AST CORP Act Section 901



Section 902. Fees for Filing Documents and Issuing Certificates

The Secretary shall charge and collect for:

(a) Filing Articles of Incorporation and issuing a certificate of incorporation, the fee shall be one-tenth of one percent (1/10 of 1%) of the authorized capital stock of such corporation, provided that the minimum fee for such service shall be twenty-five dollars ($25.00). Any authorized stock without par value shall be treated as stock of par value of $50.00 and the fees thereon collected accordingly.

(b) Filing articles of amendment and issuing a certificate of amendment twenty-five dollars ($25.00). If the authorized capital of the corporation is increased by more than twenty-five thousand dollars ($25,000.00) by such action the filing fee shall equal one-tenth of 1 percent (1/10 of 1%) of the increase. Each share authorized without par value shall be deemed to have a par value of fifty dollars ($50.00) for purposes of this section and the fees thereon collected accordingly.

(c) Filing restated Articles of Incorporation twenty-five dollars ($25.00).

(d) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation twenty-five dollars ($25.00). If the authorized capital of the corporation is increased by more than twenty-five thousand dollars ($25,000.00), by such action, the filing fee shall equal one-tenth of 1 percent (1/10 of 1%) of the increase. Each share authorized without par value shall be deemed to have a par value of fifty dollars ($50.00) for purposes of this section and the fees thereon collected accordingly.

(e) Filing an application to reserve a corporate name, five dollars ($5.00).

(f) Filing a notice of transfer of reserved corporate name, five dollars ($5.00).

(g) Filing a statement of change of address of registered office or change of registered agent, or both, ten dollars ($10.00).

(h) Filing a statement of the establishment of a series of shares, ten dollars ($10.00).

(i) Filing a statement of cancellation of shares, ten dollars ($10.00).

(j) Filing a statement of cancellation of shares, ten dollars ($10.00).

(k) Filing a statement of intent to dissolve, ten dollars ($10.00).

(l) Filing a statement of revocation of voluntary dissolution proceedings, ten dollars ($10.00).

(m) Filing articles of dissolution, ten dollars ($10.00).

(n) Filing an application of a foreign corporation for a certificate of authority to transact business in this jurisdiction and issuing a certificate of authority. The fee shall be one tenth of one percent (1/10 of 1%) of the maximum amounts of capital to be invested by such corporation at any time during the fiscal year as shown by an affidavit of a general managing officer of such corporation attached to such application, provided, that the minimum fee for such service shall be fifty dollars ($50.00).

(o) Filing an application of a foreign corporation for an amended certificate of authority to transact business in this jurisdiction and issuing an amended certificate of authority, fifty dollars ($50.00).

(p) Filing a copy of an amendment to the Articles of Incorporation of a foreign corporation holding a certificate of authority to transact business in this jurisdiction, twenty-five dollars ($25.00).

(q) Filing a copy of articles of merger of a foreign corporation holding a certificate of authority to transact business in this jurisdiction, twenty-five dollars ($25.00).

(r) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, fifty dollars ($50.00).

(s) Filing any other statement or report, required by this Title to be filed, ten dollars ($10.00).

Absentee Shawnee Corporation Act Section 902, AST CORP Act Section 902



Section 903. Miscellaneous Charges

The Secretary shall charge and collect:

(a) For furnishing a certified copy of any document, instrument, or paper relating to a corporation, one dollar ($1.00) per page and five dollars ($5.00) for the certificate and affixing the seal thereto.

(b) At the time of any service of process on him as agent of a corporation, twenty dollars ($20.00), which amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action.

Absentee Shawnee Corporation Act Section 903, AST CORP Act Section 903



Section 904. License Fees Payable by Domestic Corporations

The Secretary shall charge and collect from each domestic corporation license fees, based upon the number of shares which it will have authority to issue or the increase in the number of shares which it will have authority to issue, at the time of:

(a) Filing Articles of Incorporation.

(b) Filing articles of amendment increasing the number of authorized shares; and

(c) Filing articles of merger or consolidation increasing the number of authorized shares which the surviving or new corporation, if a domestic corporation, will have the authority to issue above the aggregate number of shares which the constituent domestic corporations constituent foreign corporations authorized to transact business in this jurisdiction and authority to issue. The license fees shall be at the rate of five cents per share up to and including the first 10,000 authorized shares, three cents per share for each and two cent per share for each authorized share in excess of 100,000 shares, whether the shares are of par value or without par value. The license fees payable on an increase in the number of authorized shares shall be imposed only on the increased number of shares, and the number of previously authorized shares shall be taken into account in determining the rate applicable to the increased number of authorized shares.

Absentee Shawnee Corporation Act Section 904, AST CORP Act Section 904



Section 905. License Fees Payable by Foreign Corporations

The Secretary shall charge and collect from each foreign corporation license fees, based upon the proportion represented in this jurisdiction of the number of shares which it has authority to issue or the increase in the number of shares which it has authority to issue, at the time of:

(a) Filing an application for a certificate of authority to transact business in this jurisdiction.

(b) Filing articles of amendment which increased the number or authorized share; and

(c) Filing articles of merger or consolidation which increased the number of authorized shares which the surviving or new corporation, if a foreign corporation, has authority to issue above the aggregate number of shares which the constituent domestic corporations and constituent foreign corporations authorized to transact business in this jurisdiction has authority to issue. The license fees shall be at the rate of five cents per share up to and including the first 10,000 authorized shares represented in this jurisdiction, three cents per share for each authorized share in excess of 10,000 shares up to and including 100,000 shares represented in this jurisdiction, and two cents per share for each authorized share in excess of 100,000 shares represented in this jurisdiction, whether the shares are of par value or without par value. The license fees payable on an increase in the number of authorized shares shall be imposed only on the increased number of such shares represented in this jurisdiction, and the number of previously authorized shares represented in this jurisdiction shall be taken into account in determining the rate applicable to the increased number of authorized shares. The number of authorized shares represented in this jurisdiction shall be that proportion of its total authorized share which the sum of the value of its property located in this jurisdiction, and the gross amount of business in this jurisdiction bears to the sum of the business, wherever transacted. Such proportion shall be determined from information contained in the application for a certificate of authority to transact business in this jurisdiction until the filing of an annual report and thereafter from information contained in the latest annual report filed by the corporation.

Absentee Shawnee Corporation Act Section 905, AST CORP Act Section 905



Section 906. Franchise Taxes Payable by Domestic Corporations

The Secretary shall charge and collect from each domestic corporation an annual franchise tax, payable in advance for the period from July 1 in each year to July in the succeeding year, beginning July 1 in the calendar year in which such corporation is required to file its first annual report under this Title, at the rate of ten dollars ($10.00) plus one dollar ($1.00) per thousand dollars ($1,000.00) or part thereof by which the stated capital of the corporation represented in this jurisdiction exceeds ten thousand dollars ($10,000.00), as disclosed by the latest report filed by the corporation with the Secretary, The amount represented in this jurisdiction of the stated capital of the corporation shall be that proportion of its stated capital which the sum of the value of its property located in this jurisdiction and the gross amount of business transacted by it at or from place of business in this jurisdiction bears to the sum of the value of all of its property, wherever located, and the gross amount of its business, wherever transacted, except as follows:

(a) If the corporation elects in its annual report in any year to pay its annual franchise tax on its entire stated capital, all franchise taxes accruing against the corporation after the filing of such annual report shall be assessed accordingly until the corporation elects otherwise in an annual report for a subsequent year.

(b) If the corporation fails to file its annual report in any year within the time prescribed by this Title, the proportion of its stated capital represented in this jurisdiction shall be deemed to be its entire stated capital, unless its annual report, is thereafter filed and its franchise tax thereafter adjusted by the Secretary in accordance with the provisions of this Title, in which case the proportion shall likewise be adjusted to the sums proportion that would have prevailed if the corporation had filed its annual report within the time prescribed by this Title.

Absentee Shawnee Corporation Act Section 906, AST CORP Act Section 906



Section 907. Franchise Taxes Payable by Foreign Corporations

The Secretary shall charge and collect from each foreign corporation authorized to transact business in this jurisdiction an annual franchise tax payable in advance for the period from July 1 in each year to July 1 in the succeeding year, beginning July 1 in the calendar year in which such corporation is required to file its first annual report under this Title, at the rate of ten dollars ($10.00) plus one dollar ($1.00) per thousand dollars ($1,000.00) or part thereof by which stated capital of the corporation represented in this jurisdiction exceeds ten thousand dollars ($10,000.00), as disclosed by the latest annual report filed by the corporation with the Secretary. The amount represented in this jurisdiction of the stated capital of the corporation shall be that proportion of its stated capital which the sum of the value of its property located in this jurisdiction and the gross amount of business transacted by it at or from places of business in this jurisdiction bears to the sum of the value of all of its property, wherever located, and the gross amount of its business, wherever transacted except as follows:

(a) If the corporation elects in its annual report in any year to pay its annual franchise tax on its entire stated capital, all franchise taxes accruing against the corporation after the filing of such annual report shall be assessed accordingly until the corporation elects otherwise in an annual report for a subsequent year.

(b) If the corporation fails to file its annual report in any year within the time prescribed by this Title, the proportion of its stated capital represented in this jurisdiction shall be deemed to be its entire stated capital, unless its annual report is thereafter filed and its franchise tax thereafter adjusted by the Secretary in accordance with the provisions of this Title, in which case the proportion shall likewise be adjusted to the same proportion that would have prevailed if the corporation had filed its annual report within the time prescribed by this Title.

Absentee Shawnee Corporation Act Section 907, AST CORP Act Section 907



Section 908. Assessment and Collection of Annual Franchise Taxes

It shall be the duty of the Secretary to collect all annual franchise taxes and penalties imposed by, or assessed in accordance with this Title. Between the first day of March and the first day of June of each year, the Secretary shall assess against each corporation domestic and foreign, required to file an annual report in such year, the franchise tax payable by it for the period from July 1 of such year to July 1 of the succeeding year in accordance with the provisions of this Title, and, if it has failed to file its annual report within the time prescribed by this Title, the penalty imposed by this Title upon such corporation for its failure so to do; and shall mail a written notice to each corporation at its registered office in this jurisdiction notifying the corporation (1) of the amount of franchise tax assessed against it for the ensuing year and the amount of penalty, if any, assessed against it for failure to file its annual report; (2) that objections, if any, to such assessment will be heard by the officer making the assessment on or before the fifteenth day of June of such year, upon receipt of a request from the corporation; and (3) that such tax and penalty shall be payable to the Absentee Shawnee Tribe through the office of the Secretary on the first day of July next succeeding the date of the notice. Failure to receive such notice shall not relieve the corporation of its obligations to pay the tax and any penalties assessed, or invalidate the assessment thereof. The Secretary shall have power to hear and determine objections to any assessments of franchise tax at any time after such assessment and, after hears, to change or modify any such assessment. In the event of any adjustment of franchise tax with respect to which a penalty has been assessed for failure to file an annual report, the penalty shall be adjusted in accordance with the provisions of this Title imposing such penalty. All annual franchise taxes and all penalties for failure to file annual reports shall be due and payable on the first day of July of each year. If the annual franchise tax assessed against any corporation subject to the provisions of this Title, together with all penalties assessed thereon, shall not be paid to the Secretary on or before the thirty-first day of July of the year in which such tax is due, and payable, the Secretary shall certify such fact to the Prosecutor or the Tribal Attorney, if necessary, on or before the fifteenth day of November of such year, whereupon the Prosecutor or the Tribal Attorney, if necessary, may institute an action against such corporation in the name of the Absentee Shawnee Tribe, in any court of competent jurisdiction, for the recovery of the amount of such franchise tax and penalties, together with the cost of suit, and prosecute the same to final judgment. For the purpose of enforcing collection, all annual franchise taxes assessed in accordance with this Title, and all penalties assessed thereon and all interest and costs that shall accrue in connection with the collection thereof, shall be a prior and first lien on the real and personal property of the corporation from and including the first day of July of the year when such franchise taxes become due and payable until such taxes, penalties, interest, and costs shall have bee paid.

Absentee Shawnee Corporation Act Section 908, AST CORP Act Section 908



Section 909. Rate of Interest Charged on Overdue Payments

Any fee, franchise taxes, charges, or penalties imposed by this Title, shall bear interest at the rate of 1.5% (one and one-half percent) per month from the date such fee, franchise tax, charge, or penalty becomes due and payable until the date actually paid.

Absentee Shawnee Corporation Act Section 909, AST CORP Act Section 909

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