Montana Attorney General Opinion 15-212

Opinion No. 212 Corporations-Foreign Corporations- Capital Stook-F~retary of State. HELD: The basis of computing fees OPINIOC\'S OF THE ATTORSEY GEC\'ERAL 149 for the increase of capital stock of for- eign corporations is that authorized hy subsection 4 of section 145. R. C. ~I. 1921. May IS. 1933. You request an opinion as to the con- struction of Chapter 169, Laws of 1931, and also advice as to the construction of Section 145. R. C. )1. 1921. on the matter of the fees to be charged for- eign corporations on increa=-e of capital I'lIJployed in Montana liS shown by the last lIIJJ1ual report. YOUI' attention is CII lied to Opinion 1\0. Iii, dllted April 24. 1933, which covers II part of your present inquiry. Tlw question ,ou submit at this time hll~ to do with the Ohio Oil ComlJany, and the correspondence with thM com- pan~' attached to your request. gives the followillg facts: The Ohio Oil Com- pany has heretofore qualified to do hU!'iness in this 'state: its capital em- plo,ed in i\iontana up to 1932 is re- ported as $58S.600.00: its annual report for Hl32 shows its capital employed here of $1.106.836.!l0. lin increase m'er IIny previous ~'ear of $518,236.00. and ~'ou have demllnded fees for the in- crellse computed as follows: $100.000 @ $1.00 per $1.000--$100.00 $150.000 @ SOc per $1,000- 120.00 $250.000 @ 60c pel' $1.000-- 150.00 $ 1S.236.90 @ 40c pel' $1,000-- i.29 'C\ominal fee 1.00 '.rota 1-$3iS.29 The hasis of computing fees for the increase of capital l"tock is authOl;zed hy subsection 4 of spctioll.145. R. C. i\1. 1921, as interpreted hy our' Supreme Court in Missouri River Power Com- pany v. Yoder, 41 Mont. 245. lind has been uniformly followed since. Your computation, as submitted and ~hown ahove, states the correct amount due from the Ohio Oil Company.