Section 10-9C-209 (Effective January 1, 2010) Certificate of existence or authorization.
Section 10-9C-209
(Effective January 1, 2010) Certificate of existence or authorization.
(a) The Secretary of State, upon request and payment of the requisite fee, shall furnish a certificate of existence for a limited partnership if the records filed in the office of the Secretary of State show that the Secretary of State has filed a certificate of limited partnership and has not filed a statement of termination. A certificate of existence shall reflect only the information on file with the Secretary of State. To the extent records have been delivered to the Secretary of State, the certificate of existence must state:
(1) the limited partnership's name;
(2) that it was formed under the laws of this state, the date of formation, and the county in which the certificate was filed;
(3) [Reserved.]
(4) [Reserved.]
(5) [Reserved.]
(6) whether the limited partnership's certificate of limited partnership has been amended to state that the limited partnership is dissolved;
(7) that a statement of termination has not been filed; and
(8) other facts of record in the office of the Secretary of State which may be requested by the applicant.
(b) The Secretary of State, upon request and payment of the requisite fee, shall furnish a certificate of authorization for a foreign limited partnership if the records filed in the office of the Secretary of State show that the Secretary of State has filed a certificate of authority, has not revoked the certificate of authority, and has not filed a notice of cancellation. A certificate of authorization must state:
(1) the foreign limited partnership's name and any alternate name adopted under Section 10-9C-905(a) for use in this state;
(2) that it is authorized to transact business in this state;
(3) [Reserved.]
(4) [Reserved.]
(5) that the Secretary of State has not revoked its certificate of authority and has not filed a notice of cancellation; and
(6) other facts of record in the office of the Secretary of State which may be requested by the applicant.
(c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the limited partnership or foreign limited partnership is in existence or is authorized to transact business in this state.
(d) The Secretary of State shall not be required to issue a certificate of existence for a limited partnership if its certificate of limited partnership was filed prior to January 1, 2010; provided, however, that the Secretary of State shall issue a certificate of existence upon the filing by the limited partnership of a certificate of information with the Secretary of State which must:
(1) state all information required in Section 10-9C-201(a); and
(2) list and attach certified copies of all records filed as to the limited partnership.
(Act 2009-621, §1.)