Affidavit filing required for certain limited liability companies — fees prohibited — failure to file, remedy.

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Effective - 28 Aug 2019, 3 histories

347.048. Affidavit filing required for certain limited liability companies — fees prohibited — failure to file, remedy. — 1. (1) Any limited liability company that owns and rents or leases real property, or owns unoccupied real property, located within:

(a) Any home rule city with a population of more than four hundred thousand inhabitants which is located in more than one county;

(b) Any home rule city with more than one hundred sixteen thousand but fewer than one hundred fifty-five thousand inhabitants; or

(c) Any home rule city with more than seventy-one thousand but fewer than seventy-nine thousand inhabitants

­­shall file with that city's clerk an affidavit listing the name and street address of at least one natural person who has management control and responsibility for the real property owned and leased or rented by the limited liability company, or owned by the limited liability company and unoccupied.

(2) Within thirty days following the cessation of management control and responsibility of any natural person named in an affidavit described in this section, the limited liability company shall file a successor affidavit listing the name and street address of a natural person successor.

2. No limited liability company shall be charged a fee for filing an affidavit or successor affidavit required under this section.

3. If a limited liability company required by this section to file an affidavit or a successor affidavit fails or refuses to file such completed affidavit with the appropriate clerk, any person who is adversely affected by the failure or refusal or the home rule city may petition the circuit court in the county where the property is located to direct the execution and filing of such document.

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(L. 2001 S.B. 288, A.L. 2017 S.B. 111, A.L. 2019 H.B. 959)


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