(a) The Mayor, pursuant to rules adopted in accordance with subchapter I of Chapter 5 of Title 2, may impose civil fines and penalties pursuant to Chapter 18 of Title 2, on any person who:
(1) Signs any filing pursuant to this title knowing it to contain a material misstatement of fact;
(2) Does business in the District of Columbia and:
(A) If a domestic business corporation or professional corporation, does not have articles of incorporation filed under § 29-302.02;
(B) If a domestic nonprofit corporation, does not have articles of incorporation filed under § 29-402.02;
(C) If a domestic limited partnership, does not have a certificate of limited partnership filed under § 29-702.01;
(D) If a domestic limited liability company, does not have a certificate of organization filed under § 29-802.01;
(E) If a domestic general cooperative association, does not have articles of incorporation filed under § 29-906;
(F) If a domestic limited cooperative association, does not have articles of organization filed under § 29-1003.02; or
(G) If a domestic statutory trust, does not have a certificate of trust filed under § 29-1202.01;
(3) If a domestic entity of a type described in paragraph (2) of this subsection, does business in the District of Columbia after it has been dissolved, whether voluntarily, judicially, or administratively, unless the dissolution has been revoked or the entity has been reinstated in accordance with this title;
(4) If a foreign filing entity, does business in the District of Columbia:
(A) Without having obtained a certificate of registration under § 29-105.02; or
(B) After its certificate of registration has been terminated under § 29-105.11; or
(5) Fails to designate and maintain a registered agent as required by this title.
(b) Civil fines, penalties, and fees imposed by the Mayor under subsection (a) of this section shall be adjudicated pursuant to subchapter I of Chapter 18 of Title 2[.]
(c) The rules proposed pursuant to subsection (a) of this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(a)(3), 59 DCR 13171.)
The 2013 amendment by D.C. Law 19-210 substituted “designate” for “appoint” in (a)(5).
Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.