Apostille’d for International Business

 

When entering into international business one may be required to verify themselves, their business, and/or related documentation via Apostille or Authentication of documentation. Apostilles are issued to documents intended for use in countries that are parties to the October 5, 1961 Hague Convention.  Certificates of Authentication are issued to countries that are not parties to the October 5, 1961 Hague Convention. We have sat down with our Corporate Guru, Corinne Games to quiz her about her experience in obtaining Apostilled documents for international business purposes.

What are some of the most common documents in which you have obtained an Apostille? I have been involved in obtaining Apostilles for all sorts of documents, but most commonly birth certificates, death certificates, marriage certificates, single status certificates (if divorced), background checks, FBI background checks, official transcripts from both colleges and universities, driver’s license and identification, Power of Attorney, Affidavits, Consents, Authorizations, etc.

Do you recall a unique Apostille request? I think the most unique request was when a client sent a notarized letter with a background check and criminal history record. This also included a fingerprint card.

Do you know why the background check documents required an Apostille? The documents were to be used in the hiring process for a law firm that was overseas.

Do you remember which country was requiring the Apostille? The country that the law firm was in was Saudi Arabia.

What kind of complexities do you deal with during the Apostille process? We handle vital documents for clients all day, every day and I am used to working on deadline which is often a factor in the Apostilles I am obtaining. The most important piece in obtaining the Apostille is utilizing a notary that is compliant with the Secretary of State. This can vary from state to state so it is important to be privy to the specific requirements. During the authentication process there are further steps that must be taken in obtaining the authentication.

What kind of supporting documents are required for Apostilles? Most commonly we obtain Charter Documents of the involved entity. We can also obtaining any and all public records that our clients require for Apostille including any vital documents, criminal background checks, etc.

If the country is not a part of The Hague Convention, what additional steps are required for authentication of documents? If the country is not a member of The Hague Convention there are additional steps to take; 1.) the document needs to by Authenticated with the Secretary of State in the state where the Notary resides,  2.) The document is delivered to the US Department of State or Secretary of State in Washington DC, 3.) and in most instances then delivered to the appropriate US embassy or Consulate to be legalized and/or authenticated.

As the list of countries requiring Apostille vs. Authentication is always changing please utilize this website www.hcch.net to see the most current list. If you have a document that requires Apostille or if you are unsure of what is required, contact the CORPSMART™ team directly at 800-737-8012 for further information.

 

HB2989 did NOT pass

 

Remember the all the buzz regarding proposed Annual Report changes in WA State? Good news – your voices were heard!! Our team at CORPSMART™ took an active approach in protecting our clients’ best interest and ultimately, the Washington State House Bill 2989 did not pass.

According to the Washington Sec of State representative, “its three previous versions did not pass through the legislature this session. It made it as far as the house floor, but did not get a vote”.

This new legislation would have prevented any annual report filings including nonprofits to be filed with the Secretary of State; directing all annual report filings to be filed with Business Licensing. This could have affected your business as costs would increase for all the companies to perform these filings. In addition, the second bill was set to increase the cost of annual reports that do get filed with Business Licensing Services in an effort to make up some money.

If you have any questions regarding Annual Report services, please reach out to our team at CORPSMART™ at 800-737-8012 for further information or to have us prepare a quote to manage your Annual Report requirements throughout the nation.

March 2018 CLOSURES, by Jurisdiction

Please take note of the following holidays as these closures could affect your time sensitive filings:

Monday, March 5th // HL Stoutt’s Birthday & Discovery Day

  • British Virgin Islands
  • Guam

Tuesday, March 6th // Town Meeting Day

  • Vermont

Monday, March 12th // Commonwealth Day & Family Day

  • British Virgin Islands
  • British Columbia, Canada

Monday, March 19th // St. Patrick’s Day

  • Newfoundland, Canada
  • Labrador, Canada

Thursday, March 22nd // Emancipation Day

  • Puerto Rico

Monday, March 26th // Seward’s Day & Prince Johan Kuhio Kalanianaole Day

  • Alaska
  • Hawaii

Thursday, March 29th // Holy Thursday

  • U.S. Virgin Islands

Friday, March 30th // Good Friday and Cesar Chavez Day

  • California
  • Connecticut
  • Delaware
  • Indiana
  • Kentucky (closing at noon EST)
  • Louisiana
  • North Carolina
  • North Dakota
  • New Jersey
  • Tennessee
  • Texas
  • British Virgin Islands
  • Canada
  • Cayman Islands
  • England
  • Hong Kong
  • U.S. Virgin Islands

Download New 4506-T Form

The IRS has release a new 4506-T tax verification form and they will stop accepting any other versions of the form on March 1, 2018. Click here to download the new form and contact the CORPSMART™ team with any questions at 800-737-8012.

To learn more about our 4506-T services, connect with our sales team at 800-737-8009.

 

Charter Docs, Vital to your Lending Due Diligence

One of the first records a lender should obtain in satisfying their due diligence, is requesting the Charter Documents. This is a key piece of information that our clients sometimes opt-out of or even attempt to resolve by obtaining a good standing; neither of which are good practice. As a client recently learned, knowing the accurate and most current name of a business entity can make or break the validity of your due diligence intelligence.

So whats the benefit to ordering the Charter Documents? The Charter Documents will provide the secured party and searching party with their borrowers accurate business name. Many businesses change their name throughout the course of their life, and ordering Charter Documents is the only way to obtain the amendments which will show changes made to the name.

Verifying your entity by doing a quick search and looking at the entities good standing or Articles only? We’re cringing just thinking about that! This is where things start to go downhill. We recently had a client request a due diligence search based on the name that the potential borrower provided from their Articles of Incorporation only. It turns out that the client had made a minor change to the name, and we caught the variation while searching. We informed our client of the similar name and asked if they would like that name searched as well. In the end, the client incurred larger search fees and had they not ordered the similar name, they could have missed those findings all together.

Do not overlook the importance of obtaining Charter Documents and contact our team for further information regarding how we can assist you with obtaining these  records.

March Annual Report Due Dates

March 1: Delaware

  • Domestic Corporations
  • Domestic Non-Profits

March 1: Nebraska

  • Domestic Corporations
  • Foreign Corporations

March 1: Rhode Island

  • Domestic Corporations
  • Foreign Corporations

March 15: California

  • CFL Licensees

March 31: North Dakota

  • Domestic LPs
  • Foreign LPs

March 31: Wisconsin

  • Foreign Corporations
  • Foreign Non-profits
  • Foreign LLCs

 

2018 February Holiday Closings, by Jurisdiction

Please take note of the following state holidays as closures could affect your time sensitive filings:

Monday, February 12th // Lincoln’s Birthday

  • Connecticut
  • Illinois
  • Missouri
  • New York

Tuesday, February 13th // Mardi Gras

  • Alabama
  • Louisiana

Monday, February 19th // Presidents’ Day

  • Nationwide & CORPSMART™ Closures

International holidays and closures: 

Thursday, February 15th – Wednesday, February 21st // Chinese New Year

  • China

What are your opinions of the newly proposed Washington legislation?

 

In Washington State, House Bill 2781 has begun moving forward and is scheduled for a hearing on Thursday, January 24th at 10am.

This new legislation will prevent any annual report filings including nonprofits to be filed with the Secretary of State; directing all annual report filings to be filed with Business Licensing. This could affect your business as it will cost more for all the companies to perform these filings. In addition, if the first bill fails, a second bill is behind it that will increase the cost of annual reports that do get filed with Business Licensing Services in an effort to make up some money.

CORPSMART™ will be attending the hearing and stakeholders are being encouraged to do the following:

  • Testify in opposition during the hearing on Thursday at 10:00 and send letters to your legislators including the bill sponsors
  • Should the bill advance out of the house be available to testify in opposition in the Senate
  • Encourage your colleagues and clients to also participate in opposing this bill

 

 

Proposed legislation:

If HB2781 were to become law, it would take all of the OSOS annual report duties and place them with the Department of Revenue – Business Licensing Service and would reinstate the $11 fee per transaction. In addition, this bill would add Nonprofit Corporations and Limited Partnership annual reports to the BLS filing process and fees. There are approximately 60,000 Nonprofit Corporations that file a $10 annual report each year. The new process would increase the cost of filing the annual report from $10 to $21 and could remove approximately $660,000 from the Washington State nonprofit community.

 

The ask:

We ask that you express opposition of this bill to your legislators. In addition we ask that you be available (or be represented) to testify in opposition should this bill move forward to a committee hearing.

HB 2781 was submitted by representatives Lytton and Ormsby of your legislative districts.

CA to Increase Real Estate Filing Fees

Effective January 1, 2018

California Senate Bill 2 creates a $75 fee on certain real estate transaction documents when they are recorded. The filing fees are not to exceed $225 per transaction. The fee does not apply to sales of residential and commercial properties, but instead to other transactions like mortgage refinancing and county fixture filings.

To learn more, visit https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB2

Or contact the CORPSMART™ team at 800-737-8012 for further information regarding your mortgage filing needs.