P.A. 222 of 2008 Requires Michigan Nonprofit Corporations
To Have a Minimum of Three Directors
Michigan Department of Energy, Labor & Economic Growth Bureau of Commercial Services Mailing 2009 Nonprofit Information Updates to Confirm Requirement
Contact:
Mario L. Morrow 517-373-9280
Agency:
Energy, Labor & Economic Growth
June 23, 2009 - Public Act 222 of 2008, effective on July 16, 2008, amended the Nonprofit Corporation Act. One of the amendments requires the board of directors of a Michigan Nonprofit Corporation to consist of at least three directors.
Michigan nonprofit corporations in existence on July 16, 2008 were required to have a board consisting of three or more directors by January 16, 2009. For Michigan nonprofit corporations formed after July 16, 2008, the initial board of directors, and subsequent boards are required to consist of three or more directors.
The 2009 Nonprofit Information Updates will be mailed soon to resident agents of all active domestic and foreign nonprofit corporations. For Michigan domestic nonprofit corporations, the update will include the requirement to have a board consisting of at least three directors. The three directors are required to be three different individuals.
To avoid delays in processing the 2009 Nonprofit Information Updates, the corporation is to confirm that the three required directors are listed on the information update. Those who are unsure of the number of directors listed on the last filed information update, can view the last filed information update by going to www.michigan.gov/entitysearch.
Michigan nonprofit corporations in good standing may file their 2009 information update online at www.michigan.gov/fileonlinewhich also includes the three-director requirement. If three directors are listed in the last filed information update and there are no changes for 2009; the box may be checked certifying there are no changes and the information update signed by the chairperson or vice-chairperson of the board, or the president or vice-president of the corporation. Corporations submitting the information update by mail should include the required filing fee and submit to DELEG's Corporation Division before the October 1, 2009 deadline.
Notice of the requirement and a copy of PA 222 of 2008 were mailed to resident agents of all active nonprofit corporations in October 2008. Each nonprofit corporation is required to appoint and continuously maintain a resident agent with the DELEG Bureau of Commercial Services to whom all such notices are sent. To view the legislative history and bill analysis, it is available on the Legislature website at http://legislature.mi.gov/doc.aspx?2008-HB-5681.
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