Article 9 and lien-related legislation
No developments to report.
Other uniform laws legislation [includes the 2022 amendments to the Uniform Commercial Code (UCC) with UCC Article 12-Controllable Electronic Records]
No developments to report.
Emerging technology legislation (blockchain, distributed ledger technology, cryptocurrency, etc.)
No developments to report.
Business organization legislation
Delaware: The governor signed Senate Bill 313 on 7/17/2024 to amend the general corporation law. The amendments make changes regarding contracts between a corporation, its shareholders, and beneficial owners. The new law takes effect on 8/1/2024.
New Hampshire: The governor signed House Bill 645 (2023) on 7/26/2024 to authorize the creation of distributed autonomous organizations as legal entities in the state. The new law takes effect on 7/1/2025.
Ohio: The governor signed House Bill 301 (2023) on 7/24/2024 to amend non-profit corporation law regarding dissolutions. The new law takes effect 91 days after the bill is filed with the secretary of state.
Ohio: The governor signed Senate Bill 98 (2023) on 7/24/2024, which includes provisions to address fraudulent business filings with the secretary of state. The provisions prohibit (i) the use of a person’s name on a business filing without the person’s consent, including that of a statutory agent; (ii) the use of an address on a business filing without the consent of the occupant of that address; and (iii) delivery of a document to the secretary of state without the necessary consent or authority to do so. The bill further provides a complaint process for persons named or affected by a document filed in violation of the foregoing, and remedies if the secretary of state determines that a document was filed in violation of the act. The new law takes effect 91 days after the bill is filed with the secretary of state.
Notary legislation
Michigan: House Bill 5898 was introduced on 7/30/2024 to add an education requirement for notaries public. If enacted, an applicant for a new commission or reappointment as a notary public will, after 6/1/2025, need to complete a course of instruction by a licensed notary public school.
Michigan: House Bill 5899 was introduced on 7/30/2024 to provide for licensure and regulation of notary public schools.
Michigan: House Bill 5900 was introduced on 7/30/2024 to revise fees a notary public may charge and adds a requirement for a notary to maintain an official journal of every notarial act the notary public performs.
Real estate recording-related legislation
Ohio: The governor signed Senate Bill 94 (2023) on 7/24/2024, which includes a provision that requires county recorders to implement electronic recording and make real estate records available online. The provision states that each county recorder, county auditor, and county engineer shall make available to the public a method for electronically recording instruments related to conveyances of real property that adheres to the standards governing conveyances of real property. In addition, each county recorder shall make available to the public on the county recorder’s web site electronic indexes for, and electronic versions of, all instruments recorded on or after 1/1/1980, although there are exceptions for certain document types. The electronic recording and online indexes must be available by 6/30/2026. The new law takes effect 91 days after the bill is filed with the secretary of state.
Other items and legislation of interest
No developments to report.
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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.
