D.C. Mun. Regs. tit. 16, § 3302
Corporation Division Infractions
Authority: Sections 104 and 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2011 Supp.) and D.C. Official Code 2-1801.05 (2007 Repl.)); Mayor’s Order 86-38, dated March 4, 1986; D.C. Official Code § 29-101.06 (2011 Repl.); and Mayor’s Order 2011-178, dated October 25, 2011. Source: Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Final Rulemaking published at 59 DCR 8162 (July 6, 2012).District of Columbia, Office of the Secretary
3302.1 Violation of any of the following provisions shall be a Class 1 infraction:
- (a) Section 151 of the District of Columbia Business Corporation Act (D.C. Official Code § 29-101.151) (submitting a document containing a false statement);
- (b) Section 109 of the District of Columbia Nonprofit Corporation Act, 76 Stat. 306, (D.C. Official Code § 29-301.109) (submitting a document of a non-profit corporation containing a false statement);
- (c) Section 34 of An Act To amend the Code of the District of Columbia to provide for the organization and regulation of cooperative associations (hereafter the "District of Columbia Cooperative Association Act"), approved June 19, 1940 (54 Stat. 488, ch. 397; D.C. Official Code § 29-934) (submitting a report of a cooperative association containing a false statement);
- (d) Section 69 of the Limited Liability Company Act of 1994, (D.C. Official Code § 29-1068) (operating a LLC after revocation of the Articles of Organization or Certificate of Registration);
- (e) Section 207 of the Uniform Limited Partnership Act of 1987, (D.C. Official Code § 33-202.07) (filing a false statement in certificate of limited partnership);
- (f) Section 907 of the Uniform Limited Partnership Act of 1987 (D.C. Official Code § 29-209.07) (doing business without certificate of authority; or
- (g) Section 45 of the District of Columbia Business Corporation Act (D.C. Official Code § 29-101.45) (failure to make an entry, allow an inspection of books or keep books open for inspection).
3302.2 Violation of any of the following provisions shall be a Class 2 infraction:
- (a) Section 48 of the District of Columbia Business Corporation Act, approved June 8, 1954 (68 Stat. 199, ch. 269; D.C. Official Code § 29-101.48) (failure of a domestic corporation to file articles of incorporation);
- (b) Section 119 of the District of Columbia Business Corporation Act (D.C. Official Code § 29-101.119) (failure of a foreign corporation to obtain a certificate of authority);
- (c) Section 25 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990, effective Mar. 8, 1991 (D.C. Law 8-237; D.C. Official Code § 29-101.124) (operating a corporation after revocation of the articles of incorporation or certificate of authority);
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(d) Section 87 of the District of Columbia Nonprofit Corporation Act, approved, Aug. 6, 1962 (76 Stat. 299; D.C. Official Code § 29-301.87) (operating a non-profit corporation after revocation of the articles of incorporation or certificate of authority);
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(e) Section 14 of the District of Columbia Professional Corporation Act (D.C. Official Code § 29-414) (failure of a foreign professional corporation to obtain a certificate of authority);
- (f) Section 7 of the Limited Liability Company Act of 1994, effective July 23, 1994 (D.C. Law 10-138; D.C. Official Code § 29-1006) (failure of a domestic LLC to file Articles of Organization);
- (g) Section 59 of the Limited Liability Company Act of 1994 (D.C. Official Code § 29-1058) (failure of a foreign LLC to obtain a certificate of registration);
- (h) Section 11 of the Limited Liability Company Act of 1994, (D.C. Official Code § 29-1010) (requirement to appoint or maintain a registered agent);
- (i) Section 65 of the Limited Liability Company Act of 1994, (D.C. Official Code § 29-1064) (failure to file a two-year report);
- (j) Section 205 of the Uniform Limited Partnership Act of 1987, effective, Dec. 10, 1987 (D.C. Law 10-138; D.C. Official Code § 33-202.06) (failure to file certificate of limited partnership); or
- (k) Section 902 of the Uniform Limited Partnership Act of 1987 (D.C. Official Code § 29-209.02) (failure to file a foreign limited liability partnership statement of qualification).
3302.3 Violation of any of the following provisions shall be a Class 3 infraction:
- (a) Section 10 of the District of Columbia Business Corporation Act (D.C. Official Code § 29-101.10) (failure to appoint or maintain a registered agent);
- (b) Section 98 of the District of Columbia Business Corporation Act (D.C. Official Code § 29-101.98) (failure to file a two-year report);
- (c) Section 30 of the District of Columbia Nonprofit Corporation Act (D.C. Official Code § 29-301.30) (failure of a domestic non-profit corporation to file articles of incorporation);
- (d) Section 82 of the District of Columbia Nonprofit Corporation Act (D.C. Official Code § 29-301.82) (failure of a foreign corporation to obtain a certificate of authority);
- (e) Section 38 of the District of Columbia Cooperative Association Act (D.C. Official Code § 29-938) (paying or receiving compensation or a promotion commission for cooperative housing);
- (f) Section 39 of the District of Columbia Cooperative Association Act (D.C. Official Code § 29-939) (spreading a false report about the management or finances of any cooperative association);
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(g) Section 106 of the District of Columbia Business Corporation Act (D.C. Official Code § 29-101.106) (failure of a foreign corporation to appoint or maintain a registered agent);
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(h) Section 11 of the District of Columbia Nonprofit Corporation Act (D.C. Official Code § 29-301.11) (failure of a domestic non-profit corporation to appoint or maintain a registered agent);
- (i) Section 71 of the District of Columbia Nonprofit Corporation Act (D.C. Official Code § 29-301.71) (failure of a foreign non-profit corporation to appoint or maintain a registered agent);
- (j) Section 14 of the District of Columbia Professional Corporation Act (D.C. Official Code § 29-414) (failure of a professional corporation to appoint or maintain a registered agent);
- (k) Section 112 of the District of Columbia Business Corporation Act (D.C. Official Code § 29-101.112) (failure of a foreign corporation to file a two-year report);
- (l) Section 85 of the District of Columbia Nonprofit Corporation Act, (D.C. Official Code § 29-301.85) (failure of a domestic and foreign non-profit corporation to file a 2-year report);
- (m) Section 19 of the District of Columbia Professional Corporation Act (D.C. Official Code § 29-419) (failure of a professional corporation to file a two-year report);
- (n) Section 35 of the District of Columbia Cooperative Association Act (D.C. Official Code § 29-935) (failure of a cooperative association to file an annual report);
- (o) Section 6 of the District of Columbia Cooperative Association Act (D.C. Official Code § 29-906) (failure of a cooperative association to file articles of incorporation); or
- (p) Section 37 of the District of Columbia Cooperative Association Act, (D.C. Official Code § 29-937) (unauthorized use of term 'cooperative').
3302.4 Violation of any provision of the District of Columbia Business Corporation Act, D.C. Official Code §§ 29-101 et seq., District of Columbia Non-Profit Corporation Act, D.C. Official Code §§ 29-301 et seq., District of Columbia Professional Corporation Act, D.C. Official Code § 29-401 et seq., or the District of Columbia Cooperative Association Act, D.C. Official Code §§ 29-901 et seq., D.C. Official Code 29-101 et seq., D.C. Limited Liability Company Act of 1994, D.C. Official Code § 29-1001 et seq., or rule issued pursuant to any of these Acts, which provision or rule is not cited elsewhere in this section, shall be a Class 4 infraction.
SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005).