Article 9 and Lien-Related Legislation

Oklahoma:  SB 273, which would require that persons who prepare certain tax lien notices related to personal property must register with the Oklahoma Tax Commission and pay a $50 annual fee, passed the House as amended on 4/14/2021 and was returned to the Senate for concurrence.     

Other Uniform Laws Legislation

Michigan:  House Bill 4816 was introduced on 4/13/2021 to amend the Uniform Voidable Transactions Act so it conforms with the Qualified Dispositions in Trust Act. The bill was assigned to the House Financial Services Committee.    

Emerging Technology Legislation (Blockchain, DLT, Cryptocurrency, etc.)

Arkansas:  House Bill 1926 was introduced on 4/14/2021 to define “virtual currency” and clarify what constitutes control of virtual currency for purposes of the UCC.  It adds new UCC “Chapter 11 – Virtual Currency of Arkansas” to existing law.  The bill was assigned to the House Insurance and Commerce Committee.    

Massachusetts:  House Bill 103 was introduced on 4/13/2021 to establish a commission to investigate government use of blockchain technology, including in elections. Text of the bill is not yet available.  Committee assignment is pending.    

Massachusetts:  House Bill 126 was introduced on 4/13/2021 to establish a special commission on blockchain and cryptocurrency. Text of the bill is not yet available.  Committee assignment is pending.    

Business Organization Legislation

Alabama:  SB 96, which would clarify when provisions of the Alabama Business and Nonprofit Code supersede the general provisions of Chapter 1 of the code, passed the House as amended on 4/15/2021 and was returned to the Senate for concurrence.   

Iowa: HB 844, which would amend the Iowa Business Corporations Act, passed the House on 4/13/2021.  The many amendment provisions include (i) revision of forms and filing fees; (ii) when resignation of a registered agent takes effect; (iii) provisions for domestication and conversion; and (iv) the establishment of benefit corporations.  The bill is now pending in the Senate.

Maryland: HB 647, which would eliminate the fee for filing articles of dissolution with the state department of assessments and taxation for certain business entities, passed the Senate on 4/12/2021 and is pending transmission to the governor.

Massachusetts:  Senate Bill 276 was introduced on 3/29/2021 to address LLC filing fees. Text of the bill is not yet available.  Committee assignment is pending.    

Maryland: The governor signed SB 320 on 4/13/2021 to amend resident agent requirements for foreign corporations.  This bill authorizes a foreign corporation to certify that the State Department of Assessments and Taxation (SDAT) is the corporation’s resident agent when registering or qualifying with SDAT; and authorizes SDAT to act as a resident agent for a foreign corporation that does business in MD without a resident agent or with a resident agent who cannot be found or served with the exercise of reasonable diligence. The new law takes effect 10/1/2021.

Oklahoma:  SB 228, which would amend the state General Corporation Act to permit electronic transmission of consents and several other changes, passed the House on 4/12/2021 and is pending consideration by the governor.     

Texas:  SB 1523, which would amend limited liability company law to provide for protected series and registered series, passed the Senate on 4/9/2021 and is now in the House Business and Industry Committee.     

Notary Legislation

Arkansas: SB 340, which would regulate witnessing requirements for certain documents by a notary in response to the COVID-19 emergency, passed the Senate on 4/14/2021 and is now assigned to the House State Agencies and Governmental Affairs Committee.

Indiana: The governor signed SB 204 on 4/15/2021 to provide for remote notarization of advance healthcare directives.  The bill includes a provision that the presence before the notary requirement can be satisfied by telephonic interaction.  The new law takes effect on 7/1/2021.

Louisiana:  House Bill 307 was introduced on 4/12/2021 to repeal current law that requires certain notary applicants to pass a written exam administered by the secretary of state and the reporting requirements for providers of notarial courses of instruction. The bill passed the House on 4/15/2021 and is now pending in the Senate.    

Maryland:  The governor signed SB 132 on 4/13/2021 to provide that the custodian of a public record is only allowed to disclose the home address and phone number of a notary if the notary has not provided a business address and phone number.  The new law takes effect on 10/1/2021.   

Maryland:  The governor signed SB 212 on 4/13/2021 to change content requirements for notarial stamps. The new law provides that the stamp must include the notary’s county of residence, if the notary resides in the state.  If the notary does not reside in the state, the stamp must include the county in which the notary was qualified.   The new law takes effect on 7/1/2021.

Massachusetts:  House Bill 493 was introduced on 3/29/2021 to regulate virtual notarization. Text of the bill is not yet available.  Committee assignment is pending.    

Rhode Island:  House Bill 6241 was introduced on 4/14/2021 to amend state notary law to permit remote notarization and recognize notarial acts performed under the law of a federally-recognized Indian tribe.  The bill was assigned to the House State Government and Elections Committee.   

Tennessee:  SB 509, which would amend existing law so that a notary public is authorized to solemnize a marriage, passed the House on 4/12/2021 and is awaiting transmission to the governor.   

Real-Estate-Recording-Related Legislation

Hawaii: HB 244, which would amend the data required for land recordation by the bureau of conveyances, passed the Senate as amended on 4/13/2021.  Specifically, it amends the data required for a request to de-register registered land, including the requirement to include a map and description prepared by a licensed surveyor.  The House refused to concur in the Senate amendments on 4/15/2021 and the bill awaits conference committee.

Massachusetts:  House Bill 1052 was introduced on 3/29/2021 to the Uniform Real Property Electronic Recording Act. Committee assignment is pending.    

Mississippi: The governor signed SB 2638 on 4/9/2021 to provide a procedure for recording a tangible copy of an electronic document in counties that lack eRecording capability.  The new law takes effect on 7/1/2021.

Nevada AB 325, which would provide for the recording of a certified paper copy of an electronic record, passed the Assembly on 4/15/2021 and is pending in the Senate. 

New York:  Assembly Bill 6884 was introduced on 4/13/2021 to address fraudulent deeds.  The bill would prohibit a recording officer from recording a deed that does not contain the statement: “YOU ARE HEREBY MADE AWARE THAT BY SIGNING THIS DEED YOU ARE TRANSFERRING OWNERSHIP OF YOUR LAND OR HOME” and would make it a felony for any person or corporation to use a deed without such a statement. The bill was assigned to the Assembly Judiciary Committee.    

Oregon:  HB 2884, which would extend the deadline for recording certain partition plats, passed the House on 4/15/2021 and is pending in the Senate.   

Washington:  SB 5019, which would direct the secretary of state to establish regulations that will make recording standards uniform from county to county and revise law applicable to recording standards commission, passed the House on 4/9/2021 and is awaiting transmission to the governor. The bill was assigned to the Senate Housing and Local Government Committee.

Other Items/Legislation of Interest

Louisiana:  House Bill 140 was introduced on 4/12/2021 to amend the rules of civil procedure to allow for electronic service of process. The bill was assigned to the House Civil Law and Procedure Committee.    

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Note that this update provides only a short summary of the listed bills, which are often lengthy and complex. It is not intended to include all potentially relevant provisions of each bill.  For full details, please review the bill on the applicable state legislative web site.

Legislative Developments 4/16/2021