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Program E: Commercial

Program Authorization: R.S. 3:76-77, 84, 216, 148, 202, 3652, 3655; R.S. 9:3401 et seq., 3865, 5164; R.S. 10:9 et seq., 501-508; R.S. 12:25, 32, 34-35, 104, 171, 202, 205; 236, 262-263, 304-305, 314.1,316, 336, 469, 492, 1304-1310, 1339-1340, 1342, 1345-1353, 1345- 1353, 1355, 1360, 1363-1364; R.S. 13:3422, 3471-3475, 3479-3481, 3485,5107; R.S. 51:213 et seq., 288, 294-295, 299-300, 1164; R.S. 36;745, 746; R.S. 37: 3490-3493; R.S. 49:227, 229-229.1; R.S. 14:325; R.S. 22:437, 439, 448, 493, 1268; R.S. 30:112; R.S. 39:911-913, 1111, 1118; R.S. 45: 2008; and LSA C.C.P. Article 1261-1262

PROGRAM DESCRIPTION

The mission of the Commercial Program is: (1) to provide for the timely and efficient certification and processing of documents submitted for the purpose of securing and retaining a state charter of incorporation, the registration of a state trademark, the registration of partnerships, the registration of an athlete agent, the review of certificate of authority applications of foreign corporations qualifying to do business in Louisiana; (2) to coordinate and manage the processing of Uniform Commercial Code (UCC) filings (and related liens) that are presented to any of the 64 parish clerks of court; (4) to provide services through the First Stop Shop where the business community and individuals seeking to establish or expand a business can obtain information on the various licenses required by state and local governments; (5) to provide direct computer access to corporate filings; (6) to act as agent for service of process on some foreign corporations and all foreign insurance companies and for out-of-state motorists involved in suits stemming from automobile accidents on Louisiana highways. The goal of this program is to continue the high standards of service now available while maintaining the ability to provide new services as they become needed by the commercial community. This program has one activity, Administrative.

OBJECTIVES AND PERFORMANCE INDICATORS

1. The Commercial Program will reduce the number of documents returned to filers due to a filing error by the filer from 12% to 8% by January 1, 2000.

2. The Commercial Program will, by the year 2000, achieve 99% accuracy and reliability in data entry in UCC filings.

3. The Commercial Program, during FY 1998-99, will process all lawsuits served on the Secretary of State within 24 hours of receipt.

1 The Secretary of State acts as agent for the service of process for some foreign corporations, all foreign insurance companies, and all out-of-state motorist and marine vessels owners involved in accidents in Louisiana.

4. The Commercial Program, during FY 1998-99, will ensure the processing of corporate, partnerships and limited liability company documents within two working days from the time of receipt.

5. The Commercial Program, during FY 1998-99, will provide the First Stop Shop Division licensing/permit checklist within two days of receiving the requested information.

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded with fees and self-generated revenues. The fees and self-generated revenues are derived from the following: (1) a $60 filing fee relative to domestic corporations; (2) a $100 filing fee relative to foreign corporations; (3) a $25 filing fee for annual reports relative to domestic and foreign corporations; and (4) charges for other services such as registering trademarks and partnerships, providing certificates of good standing, and providing copies and certified copies of any requested document.

ANALYSIS OF RECOMMENDATION

GENERAL FUND

TOTAL

T.O.

 

DESCRIPTION

 

 

 

 

 

$0

$2,019,535

49

 

ACT 18 FISCAL YEAR 1997-1998

 

 

 

 

 

 

 

 

 

BA-7 TRANSACTIONS:

$0

$0

0

 

None

 

 

 

 

 

$0

$2,019,535

49

 

EXISTING OPERATING BUDGET - December 10, 1997

 

 

 

 

 

$0

($141,130)

0

 

Equipment/Major Repairs Adjustment(s)

$0

$24,481

0

 

Annualization of 1997 -'98 Merit Pay Adjustment(s)

$0

$27,005

0

 

1998 -'99 Merit Pay Adjustment(s)

$0

$266,152

0

 

Attrition Adjustment(s)

$0

($6,320)

0

 

Retirement Rate Adjustment(s)

$0

($317,638)

0

 

Reductions in various Expenditure Categories; Including Reductions to fully fund Salaries

$0

$3,500

0

 

Printing

$0

$115,018

5

 

Technical Adjustment - place positions in correct program

$0

$173,535

0

 

Realign operating services among the various programs to properly reflect the expenditure of funds

 

 

 

 

 

$0

$2,164,138

54

 

TOTAL RECOMMENDED

 

 

 

 

 

$0

$144,603

5

 

DIFFERENCE (TOTAL RECOMMENDED AND EXISTING OPERATING BUDGET)

The total means of financing for this program is recommended at 107.1% of the existing operating budget. It represents 88.0% of the total request ($2,457,292) for this program. The net increase is primarily due to a technical adjustment transferring five positions from another program; the realignment from other programs to properly reflect the expenditure of funds along with the removal of funding for nonrecurring acquisitions.

PROFESSIONAL SERVICES

This program does not have funding for Professional Services for Fiscal Year 1998-1999.

OTHER CHARGES

This program does not have funding for Other Charges for Fiscal Year 1998-1999.

ACQUISITIONS AND MAJOR REPAIRS

$17,500

 

Replacement desk/workstations

 

 

 

$17,500

 

TOTAL ACQUISITIONS AND MAJOR REPAIRS

04 DEPARTMENT OF JUSTICE


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