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Salary of judges of

court residing

in Stark county.

held on the first Tuesday after the first Monday in November, next preceding the expiration of his term of office, but common pleas any of such judges provided for by this act, and any judge or judges of the court of common pleas who at the time of their election, respectively reside in Stark county, and shall thereafter continue to reside in the same county as at the time of election as aforesaid, shall receive in addition to the salary payable out of the state treasury, the sum of fifteen hundred dollars per annum, upon the warrant of the county auditor, on the county treasury in the same manner and at such times as is provided for the payment of such judge or judges out of the state treasury.

Repeals, etc.

⚫ SECTION 2. Said original section 481-88 of the Revised Statutes of Ohio be and the same is hereby repealed, and this act shall take effect and be in force on and after its passage.

W. S. MCKINNON,

Speaker of the House of Representatives.

F. B. ARCHER,

President pro tem. of the Senate. 103G

Passed April 10, 1902.

Domestic corporations, for profit, re

[House Bill No. 57.]

AN ACT

To require corporations to file annual reports with the secretary of state and to pay annual fees therefor.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. Every corporation organized under the laws of this state, for profit, shall make a report in writing to the secretary of state, annually, during the month of with secretary May, in such form as the secretary of state may prescribe, containing the following facts:

quired to file

annual report

of state.

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3. The names of the president, secretary, treasurer and members of the board of directors, with postoffice address of each.

4. The date of the annual election of officers of such corporation.

5. The amount of authorized capital stock and the par value of each share.

6. The amount of capital stock subscribed, the amount of capital stock issued and outstanding, and the amount of capital stock paid up.

7. The nature and kind of business in which the company is engaged and its place or places of business.

8. The change or changes, if any, in the above particulars made since the last annual report.

Such report shall be signed and sworn to before an officer duly authorized to administer oaths, by the president, vice president, secretary, or general manager of the corporation, and forwarded to the secretary of state..

Upon the filing of such report, the secretary of state shall charge and collect from such corporation a fee of onetenth of one per cent. upon the subscribed or issued and outstanding capital stock of said corporation, and to be not less than ten dollars in any case.

SECTION 2. Every foreign corporation for profit, now or hereafter doing business in this state, and owning or using a part or all of its capital or plant in this state, and subject to compliance with the provisions of section 148c of the Revised Statutes of Ohio, shall, in addition to the statements required by section 148c and 148d, Revised Statutes of Ohio, make a report in writing to the secretary of state, annually, during the month of September, in such form as the secretary of state may prescribe, containing the following facts:

1. The name of the corporation and under the laws of what state or country organized.

2. The location of its principal office.

3. The names of the president, secretary, treasurer and members of the board of directors, with the postoffice address of each.

4. The date of the annual election of officers.

5. The amount of authorized capital stock, and the par value of each share.

6. The amount of capital stock subscribed, the amount of capital stock issued, and the amount of capital stock paid

up.

7. The nature and kind of business in which the company is engaged and its place or places of business. both within and without the state of Ohio.

8. The name and location of its office or offices in Ohio, and the name and address of the officers or agents of the company in charge of its business in Ohio.

9. The value of the property owned and used by the company in Ohio, where situated, and the value of the property owned and used outside of Ohio and where situated.

10. The change or changes, if any, in the above particulars made since the last annual report.

Such report shall be signed and sworn to before an officer duly authorized to administer oaths, by the president, vice president, secretary, superintendent or managing agent in this state, and forwarded to the secretary of state.

Upon the filing of such report the secretary of state. from the facts thus reported and any other facts coming to his knowledge bearing upon the question, shall determine the proportion of the authorized capital stock of the com

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Domestic cor

porations, not

having no

pany represented by its property and business in Ohio, and shall charge and collect from such company, in addition to the initial fees provided for in sections 148c and 148d of the Revised Statutes of Ohio, for the privilege of exercising its franchises in Ohio, annually, one-tenth of one per cent. upon the proportion of the authorized capital stock of the corporation represented by property owned and used and business transacted in Ohio, and to be not less than ten dollars in any case.

SECTION 3. Every corporation organized under the for profit and laws of this state, not for profit, and having no capital stock, shall make a report in writing to the secretary of state, annually, during the month of December, in such form as the port with sec- Secretary of state may prescribe, containing the following

capital stock,

required to

file annual re

retary of state.

facts:

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Fee to be paid upon filing

such report.

Certificate to be issued by secretary of state showing compliance with this act.

All fees thus

3. The names of the president, secretary, treasurer and members of the board of trustees, or directors, with postoffice address of each.

4. The date of the annual election of such corporation. 5. The object or purpose which such corporation is engaged in carrying out.

Such report shall be signed and sworn to before an officer authorized to administer oaths, by the president, vice president, secretary or other chief officer of the corporation, and forwarded to the secretary of state.

Upon the filing of such report the secretary of state shall charge and collect the following fees: For all corporations organized for the purposes mentioned in section 1484, paragraph 4. of the Revised Statutes of Ohio, ten dollars; for all corporations organized for the purposes mentioned in section 1484, paragraph 5, one dollar.

SECTION 4. Upon the filing of the report and the payment of the fee provided for in the preceding sections of this act, the secretary of state shall make out and deliver to such corporation a certificate of the compliance by such corporation with the preceding sections and the payment of the annual fee therein provided for.

The secretary of state shall make a report monthly to collected to be the auditor of state of the annual fees collected under this act, and shally the same into the state treasury to the

paid into the

state treas

ury; monthly

report to aud- credit of the general revenue fund.

itor of state.

Penalty for failure to make report or pay fee; corporations for profit.

SECTION 5. In case any corporation required to file the report and pay the fee prescribed in sections 1 and 2 of this act shall fail or neglect to make such report or pay such fee within the period prescribed in said sections, respectively, such corporation shall be subject to a penalty of five hundred dollars, and an additional penalty of one hundred dollars per day for each day's omission after the time limited in this act for filing such report and paying such

recovered.

fee. Such penalty and the annual fee or fees required to be How penalty paid by the provisions of sections 1 and 2 of this act may be recovered by an action in the name of the state, and on collection paid into the treasury to the credit of the general revenue fund.

The attorney general, on request of the secretary of state, shall institute such action in the court of common pleas of Franklin county, or of any county in the state in which such corporation has an office or place of business, as he prefers.

penalty.

The governor, secretary of state and attorney general, Remission of upon good cause shown, may, in their discretion, remit the penalty on any part thereof prescribed in this section.

In case any corporation required to file the report and pay the fee prescribed in section 3 of this act shall fail or neglect to make such report or pay such fee for three months after the expiration of the time limited by this act, and such default is wilful and intentional, the attorney general shall, on the request of the secretary of state, bring an action in the court of common pleas of Franklin county, or of any county in this state in which such corporation is located, to forfeit and annul the charter of such corporation, and if such court is satisfied that such default is wilful and intentional, the court is authorized to revoke and annul such charter.

Penalty for

failure to make report

or pay fee; not for profit.

corporation

state and ap

peal from de

cision thereof.

SECTION 6. Any, corporation shall have the right to be Hearing by, heard by the secretary of state upon the matter of deter-ecretary of mination of the amount of fees due under the provisions of this act. Any corporation aggrieved by the decision of the secretary of state may, within ten days, appeal to the auditor of state, treasurer of state and the attorney general, whose decision in the matter shall be final.

SECTION 7. Provided that electric light, gas, natural gas, water works, pipe line, street railroad, electric interurban railroad, steam railroad, messenger, union depot, express, freight line, sleeping car, telegraph, telephone and other corporations, required by law to file annual reports with the auditor of state, and insurance, fraternal beneficial, building and loan, bond investment, and other corporations required by law to file annual reports with the superintendent of insurance, shall not be subject to the provisions of the preceding sections of this act. Provided further, that a corporation shall not be required to file its first annual report under this act until the proper month hereinbefore provided for the filing of such report, next following the expiration of six months from the date of its incorporation or admission to do business in this state.

SECTION 8. Every domestic corporation, in case of dissolution, revocation of charter or abandonment of its corporate purposes, shall file with the secretary of state a certificate of such dissolution, revocation of charter or abandonment; in case of dissolution or abandonment by volun

Certain corcepted from

porations ex

the provisions of this act.

First report of

newly organized cor

poration;
filed.

when to be

Certificate of revocation of

dissolution,

charter or abandonment

to be filed tary of state.

with secre

tary action of the corporation, such certificate shall be signed by the president and secretary of the corporation; in case of dissolution, or revocation of charter by action of a competent court, such certificate shall be signed by the clerk of the court entering the decree of dissolution or revocation. The fees for making and filing such certificate with the secretary of state shall be taxed in the costs in favor of the party paying the same, and shall have the same priority as other costs in the dissolution proceedings. Every foreign corporation when it shall retire from business in this state is hereby required to file with the state shall file secretary of state a certificate to that effect, signed by the president and secretary of the corporation..

Foreign corporation retiring from

certificate to

that effect.

Fees for filing such certificates.

Surrender of

The fee for filing certificates of dissolution, revocation of charter, abandonment, or retirement of corporations, for profit, shall be five dollars; for filing such certificates of corporations, not for profit, one dollar. Provided, that the charter of cor- charter of a corporation which is shown to have been no longer in active existence at the time of the passage of this act, may be surrendered on the payment of one dollar, on proof as otherwise provided by law.

poration not

in active existence at

time of passage of this act.

Mere retire

ment from

business or

The mere retirement from business or voluntary dissolution of a domestic or foreign corporation without havvoluntary dis- ing filed the certificate provided for in this section, shall not exempt it from the requirements to make reports and pay fees in accordance with the provisions of this act. SECTION 8. This act shall take effect and be in force from and after its passage.

solution of corporation shall not exempt it from provisions of this act.

A. G. COMINGS,

Speaker pro tem. of the House of Representatives.
CARL L. NIPPERT,

Passed April 11, 1902.

President of the Senate. 104G

Repair of improved roads:

Townships in

Stark and Columbiana counties made

road districts.

[House Bill No. 109.]

AN ACT

To further supplement section 4889 of the Revised Statutes of Ohio Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 4889 of the Revised Statutes of Ohio be further supplemented by the enactment of the following sections, with the sectional numbering herein provided.

Sec. 4889b. That the several townships in the counties of Stark and Columbiana, state of Ohio, be and the same are hereby constituted and made separate and independent road districts for the purpose of repairing and improving the roads and highways as herein set forth, independent of and free from the operation of existing laws relating to the improvement of roads and highways,

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