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HB 452: "An Act relating to registration, disclosures, and reports by certain nonprofit corporations."

00HOUSE BILL NO. 452 01 "An Act relating to registration, disclosures, and reports by certain nonprofit 02 corporations." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 10.20 is amended by adding a new section to read: 05  Sec. 10.20.063. Additional requirements for certain corporations. (a) 06 Notwithstanding AS 10.20.460, a foreign corporation that is a nonprofit corporation 07 is considered to be transacting business in the state if the corporation provided an 08 aggregate of $5,000 or more during the fiscal year of the corporation to nonprofit 09 corporations operating in the state. The foreign corporation shall provide the following 10 information on its application for registration under AS 10.20.485 in addition to the 11 information required under AS 10.20.485: 12  (1) the purpose for which the corporation was organized; 13  (2) a copy of the corporation's original application to the United States 14 Internal Revenue Service for tax-exempt status;

01  (3) the name and address of the principal salaried executive officer of 02 the corporation; 03  (4) a list of all payments made by the foreign corporation to nonprofit 04 corporations in the state, including the full name and address of the principal office of 05 each recipient of the payments, the amounts of the payments, and the purpose of the 06 payments; and 07  (5) an audited statement identifying the assets and sources of income 08 for the corporation during its previous fiscal year. 09  (b) In additional to the biennial report required under AS 10.20.620, a 10 corporation that is subject to (a) of this section shall file with the department by July 1 11 each year on forms provided by the department a report that contains the information 12 required by (a) of this section. The report may be combined with the biennial report 13 when the corporation files its biennial report. 14  (c) In (a) of this section, "nonprofit corporation" means a corporation that is 15 exempt from federal taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code). 16 * Sec. 2. AS 10.20.585 is amended to read: 17  Sec. 10.20.585. Revocation of certificate of authority. The certificate of 18 authority of a foreign corporation to transact business in the state may be revoked by 19 the commissioner when 20  (1) the corporation fails to file its biennial report within the time 21 required by this chapter, fails to file an annual report required by AS 10.20.063, or 22 fails to pay fees or penalties prescribed in this chapter when they are due and payable; 23  (2) the corporation fails to appoint and maintain a registered agent in 24 this state; 25  (3) the corporation fails, after change of its registered office or 26 registered agent, to file with the commissioner a statement of the change as required 27 by this chapter; 28  (4) the corporation fails to file with the department an amendment to 29 its articles of incorporation or articles of merger within the time prescribed by this 30 chapter; 31  (5) a misrepresentation has been made of a material matter in an

01 application, report, affidavit, or other document submitted under this chapter; or 02  (6) the corporation is 90 days delinquent in filing a notice of change 03 of an officer or director as required by this chapter.