reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.504 - 450.525) › R-S-1846-450-504-55 - Chapter 55 Chapter 55. General Provisions Relating to Corporations. (450.504...450.525) › R-S-1846-450-504-55-CORPORATIONS - Corporations (450.504...450.525) › Section 450.521 - Assessing Officers; Returns, Contents.

450.521 Assessing officers; returns, contents.
Sec. 21.
It shall be the duty of the clerk of every corporation within this state, whose capital stock is or shall be subject to taxation for county or township purposes, and if there be no such clerk, then of the directors of such corporation, annually, between the fifteenth day of March and the first day of April, to make returns in person or by mail, to the supervisor of each township, and the assessors of each ward or district in any city in this state, in which any shareholder in such corporation shall reside; which return shall state the name of each owner residing in such township or city, the number of shares belonging to each on the fifteenth day of March of that year, and the par value of such shares.
History:
R.S. 1846, Ch. 55 ;-- CL 1857, 2163 ;-- CL 1871, 3448 ;-- How. 4880 ;-- CL 1897, 8547 ;-- CL 1915, 11338 ;-- CL 1929, 10163 ;-- CL 1948, 450.521
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.504 - 450.525) › R-S-1846-450-504-55 - Chapter 55 Chapter 55. General Provisions Relating to Corporations. (450.504...450.525) › R-S-1846-450-504-55-CORPORATIONS - Corporations (450.504...450.525) › Section 450.522 - Assessing Officers; Returns, Default; Penalty.

450.522 Assessing officers; returns, default; penalty.
Sec. 22.
If any clerk or director mentioned in the preceding section, shall refuse or neglect to make such return, or shall wilfully make a false return, he shall forfeit the sum of 50 dollars.
History:
R.S. 1846, Ch. 55 ;-- CL 1857, 2164 ;-- CL 1871, 3449 ;-- How. 4881 ;-- CL 1897, 8548 ;-- CL 1915, 11339 ;-- CL 1929, 10164 ;-- CL 1948, 450.522
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.504 - 450.525) › R-S-1846-450-504-55 - Chapter 55 Chapter 55. General Provisions Relating to Corporations. (450.504...450.525) › R-S-1846-450-504-55-CORPORATIONS - Corporations (450.504...450.525) › Section 450.523 - Fraudulent Transfer of Shares to Avoid Taxation; Penalty.

450.523 Fraudulent transfer of shares to avoid taxation; penalty.
Sec. 23.
If any shareholder shall fraudulently transfer any share in either of the corporations mentioned in the twenty-third section of this chapter, for the purpose of avoiding taxation, he shall forfeit a sum equal to 1/2 the par value of the shares so transferred.
History:
R.S. 1846, Ch. 55 ;-- CL 1857, 2165 ;-- CL 1871, 3450 ;-- How. 4882 ;-- CL 1897, 8549 ;-- CL 1915, 11340 ;-- CL 1929, 10165 ;-- CL 1948, 450.523
Compiler's Notes:
In this section, “twenty-third” evidently should read “twenty-first.”
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.504 - 450.525) › R-S-1846-450-504-55 - Chapter 55 Chapter 55. General Provisions Relating to Corporations. (450.504...450.525) › R-S-1846-450-504-55-CORPORATIONS - Corporations (450.504...450.525) › Section 450.524 - Returns to State Treasurer; Default, Computation, State Tax.

450.524 Returns to state treasurer; default, computation, state tax.
Sec. 24.
The cashier of each bank and the secretary or clerk of each incorporated railroad, canal or turnpike company shall, on the first Monday of October in each year, or within 15 days previous thereto, make a return to the state treasurer, verified by his oath, stating the amount of capital stock of such bank or railroad, canal or turnpike company then actually paid in, and in default thereof, the whole capital stock mentioned in the act of incorporation of such bank or company shall, for the purpose of computing the state tax payable by such bank or company, be deemed to have been paid in.
History:
R.S. 1846, Ch. 55 ;-- CL 1857, 2166 ;-- CL 1871, 3451 ;-- How. 4883 ;-- CL 1897, 8550 ;-- CL 1915, 11341 ;-- CL 1929, 10166 ;-- CL 1948, 450.524
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.504 - 450.525) › R-S-1846-450-504-55 - Chapter 55 Chapter 55. General Provisions Relating to Corporations. (450.504...450.525) › R-S-1846-450-504-55-CORPORATIONS - Corporations (450.504...450.525) › Section 450.525 - Attorney General and Legislature; Examination.

450.525 Attorney general and legislature; examination.
Sec. 25.
It shall be the duty of the attorney general whenever and as often as he shall be required by the governor, to examine into the affairs and conditions of any bank or banks or other corporations in this state, and report such examination in writing, together with a detailed statement of facts, to the governor, who shall lay the same before the legislature, and for that purpose the said attorney general shall have power to administer all necessary oaths to the directors and officers of any such bank or other corporation and to examine them on oath in relation to the affairs and conditions thereof, and to examine the vaults, books, papers and documents belonging to such bank, or pertaining to its affairs and condition; and the legislature, or either branch thereof shall have full power to examine into the affairs and condition of any bank or other corporation in this state at all times and for that purpose any committee appointed by the legislature or either branch thereof, shall have full power to administer all necessary oaths, to the directors, officers and stockholders of such bank or other corporation, and to examine them on oath in relation to the affairs and condition thereof, and to examine the vaults, safes, books, papers and documents belonging to such corporation or pertaining to its affairs and conditions, and to compel the production of all keys, books, papers, and documents by summary process to be issued on application to any court of record, or any judge thereof, under such rules and regulations as the said court may prescribe.
History:
R.S. 1846, Ch. 55 ;-- CL 1857, 2167 ;-- CL 1871, 3452 ;-- How. 4884 ;-- CL 1897, 8551 ;-- CL 1915, 11342 ;-- CL 1929, 10167 ;-- CL 1948, 450.525
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Repealed - Act 112 of 1889 - Sale of Corporate Property, Franchises, Rights, and Privileges (450.631 - 450.632)

SALE OF CORPORATE PROPERTY, FRANCHISES, RIGHTS, AND PRIVILEGES
Act 112 of 1889
450.631,450.632 Repealed. 1980, Act 180, Imd. Eff. July 2, 1980.
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.691 - 450.696) › R-S-1846-450-691-53 - Chapter 53 Chapter 53. of Libraries and Lyceums. (450.691...450.696) › R-S-1846-450-691-53-LIBRARIES-AND-LYCEUMS. - Libraries and Lyceums. (450.691...450.696) › Section 450.691 - Incorporation of Library by Proprietors; Meeting; Notice.

450.691 Incorporation of library by proprietors; meeting; notice.
Sec. 1.
Any 7 or more proprietors of a library may form themselves into a corporation, under such corporate name as they may adopt, for the purpose of enlarging, regulating, and using such library; and for that purpose the district or municipal court of the judicial district or municipality in which the library is located may, on the application of 5 or more of the proprietors, issue a warrant to 1 of them, directing him or her to call a meeting of the proprietors at the time and place expressed in the warrant, for the purpose of forming such corporation, and such meeting shall be called by posting up a notice containing the substance of such warrant, in at least 2 public places in the township where such library is kept, at least 7 days before the time of meeting.
History:
R.S. 1846, Ch. 53 ;-- CL 1857, 1782 ;-- CL 1871, 3146 ;-- How. 4407 ;-- CL 1897, 8164 ;-- CL 1915, 10683 ;-- CL 1929, 10176 ;-- CL 1948, 450.691 ;-- Am. 1991, Act 146, Imd. Eff. Nov. 25, 1991
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.691 - 450.696) › R-S-1846-450-691-53 - Chapter 53 Chapter 53. of Libraries and Lyceums. (450.691...450.696) › R-S-1846-450-691-53-LIBRARIES-AND-LYCEUMS. - Libraries and Lyceums. (450.691...450.696) › Section 450.692 - Libraries; Proprietors; Powers; Proceedings, Certificate; Recording.

450.692 Libraries; proprietors; powers; proceedings, certificate; recording.
Sec. 2.
Any 7 or more of the proprietors of such library, met in pursuance of such notice, may choose a president, a clerk, a librarian, collector, treasurer, and such other officers as they may deem necessary; and they may also determine upon the mode of calling future meetings of the proprietors; and the proceedings of such first meeting, containing a specification of the corporate name adopted by such proprietors, shall be certified by the clerk of such corporation, and recorded by the county clerk of the county within which the same is formed, who shall be entitled to receive 75 cents for recording the same.
History:
R.S. 1846, Ch. 53 ;-- CL 1857, 1783 ;-- CL 1871, 3147 ;-- How. 4408 ;-- CL 1897, 8165 ;-- CL 1915, 10684 ;-- CL 1929, 10177 ;-- CL 1948, 450.692
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.691 - 450.696) › R-S-1846-450-691-53 - Chapter 53 Chapter 53. of Libraries and Lyceums. (450.691...450.696) › R-S-1846-450-691-53-LIBRARIES-AND-LYCEUMS. - Libraries and Lyceums. (450.691...450.696) › Section 450.693 - Libraries; Powers of Corporation; Governing Law.

450.693 Libraries; powers of corporation; governing law.
Sec. 3.
When such proprietors shall be organized as a corporation in the manner hereinbefore provided, they shall have all the powers and privileges, and be subject to all the duties of a corporation, according to the provisions of chapter 55, so far as such provisions shall be applicable in such case, and not inconsistent with the provisions of this chapter.
History:
R.S. 1846, Ch. 53 ;-- CL 1857, 1784 ;-- CL 1871, 3148 ;-- How. 4409 ;-- CL 1897, 8166 ;-- CL 1915, 10685 ;-- CL 1929, 10178 ;-- CL 1948, 450.693
Compiler's Notes:
For provisions of chapter 55, referred to in this section, see MCL 450.504 et seq.
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.691 - 450.696) › R-S-1846-450-691-53 - Chapter 53 Chapter 53. of Libraries and Lyceums. (450.691...450.696) › R-S-1846-450-691-53-LIBRARIES-AND-LYCEUMS. - Libraries and Lyceums. (450.691...450.696) › Section 450.694 - Libraries; Collector and Treasurer, Bond.

450.694 Libraries; collector and treasurer, bond.
Sec. 4.
The treasurer and collector shall give bond to such corporation, with sufficient sureties, to the satisfaction of the president, for the faithful discharge of their duties.
History:
R.S. 1846, Ch. 53 ;-- CL 1857, 1785 ;-- CL 1871, 3149 ;-- How. 4410 ;-- CL 1897, 8167 ;-- CL 1915, 10686 ;-- CL 1929, 10179 ;-- CL 1948, 450.694
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.691 - 450.696) › R-S-1846-450-691-53 - Chapter 53 Chapter 53. of Libraries and Lyceums. (450.691...450.696) › R-S-1846-450-691-53-LIBRARIES-AND-LYCEUMS. - Libraries and Lyceums. (450.691...450.696) › Section 450.695 - Libraries; Shares, Assessment and Transfer; Holding of Property.

450.695 Libraries; shares, assessment and transfer; holding of property.
Sec. 5.
The said proprietors may raise such sums of money by assessment on the shares as they shall judge necessary for the purpose of preserving, enlarging and using the library; and the shares may be transferred according to such regulations as they may prescribe, and such corporation may hold (and may acquire by gift, grant, bequest or devise) real and personal estate to any amount not exceeding (25,000 dollars), in addition to the value of their books; (and may hold in trust property granted, bequeathed or devised as may be prescribed by the grantor or testator; and may be the beneficiaries of trusts created for their benefit.)
History:
R.S. 1846, Ch. 53 ;-- CL 1857, 1786 ;-- CL 1871, 3150 ;-- How. 4411 ;-- CL 1897, 8168 ;-- Am. 1899, Act 10, Imd. Eff. Mar. 2, 1899 ;-- CL 1915, 10687 ;-- CL 1929, 10180 ;-- CL 1948, 450.695
2023 Michigan Compiled Laws › Chapter 450 - Corporations › R.S. of 1846 - Revised Statutes of 1846 (450.691 - 450.696) › R-S-1846-450-691-53 - Chapter 53 Chapter 53. of Libraries and Lyceums. (450.691...450.696) › R-S-1846-450-691-53-LIBRARIES-AND-LYCEUMS. - Libraries and Lyceums. (450.691...450.696) › R-S-1846-450-691-53-LIBRARIES-AND-LYCEUMS-OF-LYCEUMS. - Of Lyceums. (450.696...450.696) › Section 450.696 - Libraries; Organization; Powers.

450.696 Libraries; organization; powers.
Sec. 6.
Any 15 or more persons, in any township or county within this state, who shall by writing associate for the purpose of mental improvement, and the promotion of education, may form themselves into a corporation by the name of "the lyceum of .....," (the name of the place where the meetings of the corporation are to be holden) by calling their first meeting and being organized in like manner as is provided in this chapter, in the case of library corporations, and every lyceum, upon becoming a corporation as aforesaid, shall have, during the pleasure of the legislature, all the like rights, powers, and privileges, as the proprietors of such libraries, and may hold real and personal estate, not exceeding 6,000 dollars.
History:
R.S. 1846, Ch. 53 ;-- CL 1857, 1787 ;-- CL 1871, 3151 ;-- How. 4412 ;-- CL 1897, 8169 ;-- CL 1915, 10688 ;-- CL 1929, 10181 ;-- CL 1948, 450.696
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 156 of 1955 - Attorney in Fact for Service of Process (450.701 - 450.704) › Section 450.701 - Corporation Director, Manager, Trustee or Officer; Resident Agent, Attorney; Appointment, Duration.

450.701 Corporation director, manager, trustee or officer; resident agent, attorney; appointment, duration.
Sec. 1.
Every person, whether a resident or nonresident of this state, by the acceptance of election, appointment or employment as a director, manager, trustee or other officer of any corporation organized under the laws of the state of Michigan, or by continuance as such director, manager, trustee or other officer for a period of 30 days following approval of this act, shall be held, by such acceptance or continuance, to have appointed the resident agent of such corporation as his true and lawful attorney in fact upon whom service of process may be made while such person is a director, manager, trustee or other officer and after he has ceased to be such a director, manager, trustee or other officer, as long as such cause of action is not barred by the statute of limitations, in any action commenced in any court of general jurisdiction in the state of Michigan, arising out of or founded upon any action of such a domestic corporation or of such a person as a director, manager, trustee or other officer of such a domestic corporation.
History:
1955, Act 156, Eff. Oct. 14, 1955
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 156 of 1955 - Attorney in Fact for Service of Process (450.701 - 450.704) › Section 450.702 - Corporation Director, Manager, Trustee or Officer; Resident Agent; Service of Process, Copy Forwarded.

450.702 Corporation director, manager, trustee or officer; resident agent; service of process, copy forwarded.
Sec. 2.
Any such director, manager, trustee or other officer may be served with process in such actions while he holds office as such and after he has ceased to be such a director, manager, trustee or other officer, as long as such actions are not barred by the statute of limitations, by serving the resident agent of such corporation with 2 copies of the summons and pleadings. Such resident agent shall forthwith forward 1 copy of such summons and pleadings to the director, manager, trustee or other officer so served, by registered mail, directed to such director, manager, trustee or other officer at his last known address.
History:
1955, Act 156, Eff. Oct. 14, 1955
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 156 of 1955 - Attorney in Fact for Service of Process (450.701 - 450.704) › Section 450.703 - Corporation Director, Manager, Trustee or Officer; Continuance.

450.703 Corporation director, manager, trustee or officer; continuance.
Sec. 3.
In any action in which any director, manager, trustee or other officer of a domestic corporation has been served with process as hereinabove provided, the court in which such action has been commenced shall order such continuance or continuances as may be necessary to afford such director, manager, trustee or other officer reasonable opportunity to defend the action.
History:
1955, Act 156, Eff. Oct. 14, 1955
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 156 of 1955 - Attorney in Fact for Service of Process (450.701 - 450.704) › Section 450.704 - Corporation Director, Manager, Trustee or Officer; Resignation.

450.704 Corporation director, manager, trustee or officer; resignation.
Sec. 4.
Any person, director, manager, trustee or other officer of any corporation organized under the laws of the state of Michigan who, within 30 days from the date of approval of this act, shall resign in good faith as such director, manager, trustee or other officer, and shall file with the resident agent of such corporation a copy of such signed resignation, shall not be subject to the provisions of this act.
History:
1955, Act 156, Eff. Oct. 14, 1955
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 152 of 1985 - The Employee-Owned Corporation Act (450.731 - 450.738) › Section 450.731 - Short Title.

450.731 Short title.
Sec. 1.
This act shall be known and may be cited as "the employee-owned corporation act".
History:
1985, Act 152, Eff. Jan. 10, 1986
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 152 of 1985 - The Employee-Owned Corporation Act (450.731 - 450.738) › Section 450.733 - Program to Assist in Developing Employee-Owned Corporations; Establishment; Operation; Duty of Department.

450.733 Program to assist in developing employee-owned corporations; establishment; operation; duty of department.
Sec. 3.
The department, in cooperation with the department of commerce, shall establish a program to assist in developing employee-owned corporations. The program may operate when an establishment is closing or transferring operations resulting in a loss of jobs and when a request for assistance is made by an affected individual or group of individuals. When such a request is made, it shall be held in confidence by the department. The program also shall operate when workers of an existing or new establishment wish to develop an employee-owned corporation and request assistance. The department shall inform local government, business organizations, labor organizations, and others in the state of the availability of this program and services authorized by this act.
History:
1985, Act 152, Eff. Jan. 10, 1986
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 152 of 1985 - The Employee-Owned Corporation Act (450.731 - 450.738) › Section 450.734 - Powers of Department Generally.

450.734 Powers of department generally.
Sec. 4.
The department may do all of the following:
(a) Develop, collect, and disseminate information useful to persons and organizations throughout the state in undertaking or promoting the establishment and successful operation of employee-owned corporations.
(b) Evaluate the feasibility and economic viability of a proposed employee-owned corporation.
(c) Provide technical assistance and counseling services to persons who seek to form an employee-owned corporation.
(d) Provide assistance, counseling, and training in the operation of an employee-owned corporation.
(e) Assist persons in obtaining financing for the purchase and operation of an employee-owned corporation.
(f) Promote and coordinate the efforts of local, state, federal, and private agencies to assist in the formation or operation of an employee-owned corporation.
(g) Recommend appropriate legislative or executive action to enhance opportunities for employee-owned corporations in this state.
History:
1985, Act 152, Eff. Jan. 10, 1986
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 152 of 1985 - The Employee-Owned Corporation Act (450.731 - 450.738) › Section 450.735 - Assistance in Implementing MCL 450.734.

450.735 Assistance in implementing MCL 450.734.
Sec. 5.
Each principal department and the economic advisory council, as established by law, shall assist the department of labor, upon its request, in implementing section 4.
History:
1985, Act 152, Eff. Jan. 10, 1986
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 152 of 1985 - The Employee-Owned Corporation Act (450.731 - 450.738) › Section 450.736 - Notice of Decision to Close or Relocate Operations.

450.736 Notice of decision to close or relocate operations.
Sec. 6.
The department shall encourage those business establishments considering a decision to effect a closing or relocation of operations relative to an establishment located in this state to give notice of that decision as early as possible to the department, the employees of the affected establishment, any employee organization representing the employees, and the community in which the affected establishment is located.
History:
1985, Act 152, Eff. Jan. 10, 1986
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 152 of 1985 - The Employee-Owned Corporation Act (450.731 - 450.738) › Section 450.737 - Feasibility Study; Informational Meeting.

450.737 Feasibility study; informational meeting.
Sec. 7.
If the department becomes aware pursuant to a request that a business establishment is closing or relocating operations, the department may conduct an initial study of the feasibility of the employees of the corporation establishing an employee-owned corporation to continue the operations of the affected establishment or to operate another business and may call an informational meeting of representatives of the local community, the corporation involved, representatives of any employee bargaining unit, and affected employees to explain the services available from the department relative to the formation of an employee-owned corporation.
History:
1985, Act 152, Eff. Jan. 10, 1986
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 152 of 1985 - The Employee-Owned Corporation Act (450.731 - 450.738) › Section 450.738 - Conditional Effective Date.

450.738 Conditional effective date.
Sec. 8.
This act shall not take effect unless House Bill No. 4614 of the 83rd Legislature is enacted into law.
History:
1985, Act 152, Eff. Jan. 10, 1986
Compiler's Notes:
House Bill No. 4614, referred to in Sec. 8, was filed with the Secretary of State Jan. 10, 1986, and became P.A. 1985, No. 217, Eff. Jan. 31, 1986.
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 428 of 1980 - State Procurements for Minority Owned and Woman Owned Businesses (450.771 - 450.776) › Section 450.771 - Definitions.

450.771 Definitions.
Sec. 1.
As used in this act:
(a) "Controlled" means exercising the power to make policy decisions in a business.
(b) "Department" means a principal department of the executive branch of the state government.
(c) "Expenditures" means payments and contracts for goods, services, and construction which may be acquired competitively and are not regulated by separate authority, and, where the department acts as the sole or primary contracting officer and has selective discretion as to the supplier, vendor, or contractor.
(d) "Joint venture" means an agreement that combines 2 or more businesses for specified purposes involving 1 or more minority owned or woman owned businesses and 1 or more businesses other than a minority owned or woman owned business.
(e) "Minority" means a person who is black, hispanic, oriental, eskimo, or an American Indian who is not less than 1/4 quantum Indian blood as certified by the person's tribal association and verified by the Indian affairs commission.
(f) "Minority owned business" means a business enterprise of which more than 50% of the voting shares or interest in the business is owned, controlled, and operated by individuals who are members of a minority and with respect to which more than 50% of the net profit or loss attributable to the business accrues to shareholders who are members of a minority.
(g) "Operated" means the activity of being involved in the day to day management of a business.
(h) "Person" means an individual, sole proprietorship, partnership, association, or corporation.
(i) "Subcontract" means an agreement to share a prime contract between a prime contractor, who is not a minority owned business or a woman owned business, and a minority owned or woman owned business.
(j) "Woman owned business" means a business of which more than 50% of the voting shares or interest in the business is owned, controlled, and operated by women and with respect to which more than 50% of the net profit or loss attributable to the business accrues to the women shareholders.
History:
1980, Act 428, Imd. Eff. Jan. 13, 1981
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 428 of 1980 - State Procurements for Minority Owned and Woman Owned Businesses (450.771 - 450.776) › Section 450.772 - Construction, Goods, and Services Procurement Policy; Minority Owned and Woman Owned Businesses; Provisions; Program Changes; Portion of Prime Contract Reflecting Minority Owned or Woman Owned Business Participation; Bidder Requirements; Contract Award.

450.772 Construction, goods, and services procurement policy; minority owned and woman owned businesses; provisions; program changes; portion of prime contract reflecting minority owned or woman owned business participation; bidder requirements; contract award.
Sec. 2.
(1) The construction, goods, and services procurement policy for each department shall provide for the following percentage of expenditures to be awarded to minority owned and woman owned businesses by each department except as provided in subsection (6):
(a) For minority owned business, the goal for 1980-81 shall be 150% of the actual expenditures for 1979-80, the goal for 1981-82 shall be 200% of the actual expenditures for 1980-81, the goal for 1982-83 shall be 200% of the actual expenditures for 1981-82, the goal for 1983-84 shall be 116% of the actual expenditures for 1982-83, and this level of effort at not less than 7% of expenditures shall be maintained thereafter.
(b) For woman owned business, the goal for 1980-81 shall be 150% of the actual expenditures for 1979-80, the goal for 1981-82 shall be 200% of the actual expenditures for 1980-81, the goal for 1982-83 shall be 200% of the actual expenditures for 1981-82, the goal for 1983-84 shall be 200% of the actual expenditures for 1982-83, the goal for 1984-85 shall be 140% of the expenditures for 1983-84, and this level of effort at not less than 5% of expenditures shall be maintained thereafter.
(2) If the first year goals are not achieved, the governor shall recommend to the legislature changes in programs to assist minority and woman owned businesses.
(3) Each department, to assist in meeting the construction, goods, and services procurement expenditures percentages set forth in subsection (1), shall include provisions for the accommodation of subcontracts and joint ventures. The provisions shall be established by the governor and shall require a bidder to indicate the extent of minority owned or woman owned business participation.
(4) Only the portion of a prime contract that reflects minority owned or woman owned business participation shall be considered in meeting the requirements of subsection (1).
(5) Minority owned or woman owned businesses shall comply with the same requirements expected of other bidders including, but not limited to, being adequately bonded.
(6) If the bidders for any contract do not include a qualified minority owned and operated or woman owned and operated business, the contract shall be awarded to the lowest bidder otherwise qualified to perform the contract.
History:
1980, Act 428, Imd. Eff. Jan. 13, 1981
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 428 of 1980 - State Procurements for Minority Owned and Woman Owned Businesses (450.771 - 450.776) › Section 450.773 - Establishing Procurement Policy for Meeting Projected Goals; Report; Staff.

450.773 Establishing procurement policy for meeting projected goals; report; staff.
Sec. 3.
(1) The governor shall establish a procurement policy for each executive department to implement and establish the method of meeting the projected goals established in section 2.
(2) The governor shall submit a report to the legislature every 3 months during the first year of operation and every 6 months during succeeding years. The report shall detail the results of the governor's procurement policy including the specific contracts awarded by each department and the type of business engaged in by the person awarded the contract.
(3) Appropriate staff to implement the governor's policy shall be provided by the department of management and budget.
History:
1980, Act 428, Imd. Eff. Jan. 13, 1981
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 428 of 1980 - State Procurements for Minority Owned and Woman Owned Businesses (450.771 - 450.776) › Section 450.774 - Certification as Minority Owned or Woman Owned Business; Affidavit; Filing.

450.774 Certification as minority owned or woman owned business; affidavit; filing.
Sec. 4.
A person who wishes to be certified as a minority owned or woman owned business shall complete a sworn affidavit that the person is a minority owned or woman owned business and is prepared to bid on state contracts. All ownership interests in the business shall be specifically identified in the affidavit. The affidavit shall be filed with the governor or a department designated by the governor.
History:
1980, Act 428, Imd. Eff. Jan. 13, 1981
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 428 of 1980 - State Procurements for Minority Owned and Woman Owned Businesses (450.771 - 450.776) › Section 450.775 - Violating or Conspiring to Violate Act; Fraudulent Procurement of Contract; Felony; Penalty; Barring Violator From Obtaining Future Contracts.

450.775 Violating or conspiring to violate act; fraudulent procurement of contract; felony; penalty; barring violator from obtaining future contracts.
Sec. 5.
A person who knowingly violates or conspires to violate this act, or who knowingly and fraudulently procures or attempts to procure a contract with this state as a minority owned or woman owned business is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of not less than $5,000.00, or both. A person who violates this act shall be barred from obtaining future contracts with the state.
History:
1980, Act 428, Imd. Eff. Jan. 13, 1981
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 428 of 1980 - State Procurements for Minority Owned and Woman Owned Businesses (450.771 - 450.776) › Section 450.776 - Minority Owned or Woman Owned Business as Prime Contractor.

450.776 Minority owned or woman owned business as prime contractor.
Sec. 6.
If a minority owned or woman owned business receives a contract, the minority owned or woman owned business shall be the prime contractor through its duration.
History:
1980, Act 428, Imd. Eff. Jan. 13, 1981
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 112 of 1988 - The Business Opportunity Act for Persons With Disabilities (450.791 - 450.795) › Section 450.791 - Short Title.

450.791 Short title.
Sec. 1.
This act shall be known and may be cited as "the business opportunity act for persons with disabilities".
History:
1988, Act 112, Eff. Mar. 30, 1989 ;-- Am. 1998, Act 73, Imd. Eff. May 4, 1998
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 112 of 1988 - The Business Opportunity Act for Persons With Disabilities (450.791 - 450.795) › Section 450.792 - Definitions.

450.792 Definitions.
Sec. 2.
As used in this act:
(a) "Business owned by persons with disabilities" means a business in which all of the following apply:
(i) More than 50% of the voting shares or interest in the business is owned, controlled, and operated by 1 or more persons with disabilities.
(ii) More than 50% of the net profit or loss attributable to the business accrues to shareholders who are persons with disabilities.
(iii) More than 50% of the employees of the business are residents of this state.
(b) "Controlled" means exercising the power to make policy decisions in a business.
(c) "Department" means a principal department of the executive branch of the state government.
(d) "Disability" means a determinable physical or mental impairment of an individual or the history of an impairment that may result from disease, injury, congenital condition of birth, or functional disorder.
(e) "Expenditures" means payments and contracts for goods, services, and construction which may be acquired competitively and are not regulated by separate authority, and, where the department acts as the sole or primary contracting officer and has selective discretion as to the supplier, vendor, or contractor. This definition does not apply to expenditures by the department of transportation for road and bridge construction projects which receive federal funds under section 112(b) of title 23 of the United States Code, 23 U.S.C. 112, 23 C.F.R. 635.104(a), and other applicable federal law until federal law recognizes small businesses owned by persons with disabilities.
(f) "Joint venture" means an agreement that combines 2 or more businesses for specified purposes involving 1 or more businesses owned by persons with disabilities and 1 or more businesses other than a business owned by persons with disabilities.
(g) "Operated" means the activity of being involved in the day-to-day management of a business.
(h) "Person" means an individual, sole proprietorship, partnership, association, or corporation.
(i) "Person with disabilities" means an individual with 1 or more disabilities.
(j) "Subcontract" means an agreement to share a prime contract between a prime contractor and a business owned by persons with disabilities.
History:
1988, Act 112, Eff. Mar. 30, 1989 ;-- Am. 1998, Act 73, Imd. Eff. May 4, 1998
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 112 of 1988 - The Business Opportunity Act for Persons With Disabilities (450.791 - 450.795) › Section 450.794 - Designation of Certifying Agency by Governor; Acceptable Documentation; Verification; Application Form; Affidavit and Documentation; Proof Required.

450.794 Designation of certifying agency by governor; acceptable documentation; verification; application form; affidavit and documentation; proof required.
Sec. 4.
(1) The governor shall designate a department responsible for certifying that a person meets the requirements of this act.
(2) Unless subsection (3) applies, in determining whether a person seeking certification is a person with disabilities, the certifying agency may accept documentation from 1 or more of the following:
(a) The Michigan commission for the blind, Michigan rehabilitation services, or the social security administration SSI or SSDI programs. The documents shall show that the current disability was the basis for eligibility in the program within the last 5 years.
(b) The veterans administration. The documents shall show that the person has a 30% or greater disability rating.
(c) A licensed physician or psychiatrist, who shall certify that the person has a significant disability.
(3) The certifying department may require any person seeking certification to obtain verification pursuant to subsection (2)(c) to insure that the applicant currently meets the definition of a person with disabilities.
(4) An applicant seeking certification as a business owned by a person with disabilities shall complete an application form developed by the certifying department and submit to the certifying department an affidavit and documentation that the applicant is a business owned by a person with disabilities and is prepared to bid on state contracts. Proof of ownership interest, control, operational involvement, and profit and loss shall be specifically identified and provided with the affidavit.
History:
1988, Act 112, Eff. Mar. 30, 1989 ;-- Am. 1998, Act 73, Imd. Eff. May 4, 1998
Compiler's Notes:
For transfer of powers and duties of the commission for the blind from family independence agency to department of labor and economic growth by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of commission for the blind to bureau of services for blind persons within department of licensing and regulatory affairs, see E.R.O. No. 2012-5, compiled at MCL 445.2033.
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 112 of 1988 - The Business Opportunity Act for Persons With Disabilities (450.791 - 450.795) › Section 450.795 - Fraudulent Procurement of Contract Prohibited; Violation as Felony; Penalty.

450.795 Fraudulent procurement of contract prohibited; violation as felony; penalty.
Sec. 5.
(1) A person shall not fraudulently procure or attempt to procure a contract under this act.
(2) A person who knowingly violates this act is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of not less than $5,000.00, or both.
(3) A person found guilty of violating this act shall be barred from obtaining future contracts with the state.
History:
1988, Act 112, Eff. Mar. 30, 1989 ;-- Am. 1998, Act 73, Imd. Eff. May 4, 1998
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Repealed - Act 217 of 1985 - Employee-Owned Corporation Revolving Loan Fund (450.801 - 450.815)

EMPLOYEE-OWNED CORPORATION REVOLVING LOAN FUND
Act 217 of 1985
450.801-450.815 Repealed. 2002, Act 196, Imd. Eff. Apr. 29, 2002.
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.831 - Short Title.

450.831 Short title.
Sec. 1.
This act shall be known and may be cited as the "uniform electronic transactions act".
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.833 - Applicability of Act to Electronic Records and Signatures; Exception for 2020.

450.833 Applicability of act to electronic records and signatures; exception for 2020.
Sec. 3.
(1) Except as otherwise provided in subsection (2) and section 4, this act applies to electronic records and electronic signatures relating to a transaction.
(2) Except as otherwise provided in section 18a, this act does not apply to a transaction to the extent it is governed by either of the following:
(a) A law governing the creation and execution of wills, codicils, or testamentary trusts.
(b) Except as otherwise provided in subsection (3), the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.9994.
(3) This act applies to a transaction to the extent it is governed by section 1206 or 1306 or article 2 or 2A of the uniform commercial code, 1962 PA 174, MCL 440.1206, 440.1306, and 440.2101 to 440.2982.
(4) A transaction subject to this act is also subject to other applicable substantive law.
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000 ;-- Am. 2020, Act 247, Imd. Eff. Nov. 5, 2020
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.834 - Applicability of Act; Commencement.

450.834 Applicability of act; commencement.
Sec. 4.
This act applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this act.
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.835 - Scope of Act; Terms.

450.835 Scope of act; terms.
Sec. 5.
(1) This act does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(2) This act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(3) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(4) Unless otherwise prohibited by this act, a provision of this act may be varied by agreement.
(5) Whether an electronic record or electronic signature has legal consequences is determined by this act and other applicable law.
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.835a - Amending, Reaffirming, or Repealing Restrictive Covenant by Electronic Signature.

450.835a Amending, reaffirming, or repealing restrictive covenant by electronic signature.
Sec. 5a.
If restrictive covenants apply to more than 250 lots or parcels of real property in a single development and the law of this state allows the owners of the real property to amend, reaffirm, or repeal the restrictive covenants, the owner of a lot or parcel that is subject to the restrictive covenants may consent to amend, reaffirm, or repeal the restrictive covenants, in whole or in part, by an electronic signature.
History:
Add. 2016, Act 355, Eff. Mar. 21, 2017
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.836 - Construction of Act.

450.836 Construction of act.
Sec. 6.
This act shall be construed and applied to all of the following:
(a) Electronic transactions consistent with other applicable law.
(b) Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices.
(c) Effectuate its general purpose to make uniform the law with respect to electronic transactions among the states.
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.837 - Record or Signature in Electronic Form; Legal Effect; Enforcement.

450.837 Record or signature in electronic form; legal effect; enforcement.
Sec. 7.
(1) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.
(2) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(3) If a law requires a record to be in writing, an electronic record satisfies the law.
(4) If a law requires a signature, an electronic signature satisfies the law.
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.838 - Agreement to Conduct Transaction by Electronic Means; Satisfaction of Legal Requirement.

450.838 Agreement to conduct transaction by electronic means; satisfaction of legal requirement.
Sec. 8.
(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(2) If a law requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, all of the following rules apply:
(a) The record must be posted or displayed in the manner specified by law.
(b) Except as otherwise provided in subsection (4)(b), the record shall be sent, communicated, or transmitted by the method specified by law.
(c) The record shall contain the information formatted in the manner specified by law.
(3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(4) The requirements of this section may be varied by either of the following:
(a) To the same extent a law other than this act that requires information to be provided, sent, or delivered in writing allows that requirement to be varied by agreement.
(b) To the same extent a law other than this act that requires a record be sent, communicated, or transmitted by regular United States mail allows that requirement to be varied by agreement.
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.839 - Attribution of Electronic Record or Signature.

450.839 Attribution of electronic record or signature.
Sec. 9.
(1) An electronic record or electronic signature is attributable to a person if it is the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(2) The effect of an electronic record or electronic signature attributed to a person under subsection (1) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including any agreements of the parties, and otherwise as provided by law.
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000
2023 Michigan Compiled Laws › Chapter 450 - Corporations › Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849) › Section 450.840 - Change or Error in Transmission of Electronic Record.

450.840 Change or error in transmission of electronic record.
Sec. 10.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(a) If the parties have agreed to use a security procedure to detect changes or errors and 1 party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may void the effect of the changed or erroneous electronic record.
(b) In an automated transaction involving an individual, the individual may void the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide for the prevention or correction of the error and, at the time the individual learns of the error, all of the following apply:
(i) The individual promptly notified the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person.
(ii) The individual takes reasonable steps to return to the other person or to destroy any consideration received as a result of the erroneous electronic record.
(iii) The individual has not used or received any benefit or value from any consideration received from the other person.
(c) If neither subdivision (a) nor (b) applies, the error has the same effect as provided by law.
(d) Subdivisions (b) and (c) cannot be varied by agreement.
History:
2000, Act 305, Imd. Eff. Oct. 16, 2000