56a-105. Execution, filing and recording of statements.
56a-105
56a-105. Execution, filing and recording ofstatements.(a) A statement may be filed in the office ofthe secretary of state. A certified copy of a statement that isfiled in an office in another state may be filed in the office ofthe secretary of state. Any statement may be filed bytelefacsimile communication if the telefacsimile communication is accompaniedwith the appropriate fee and meets statutory requirements it shall be effectiveupon its filing date. Each filing has the effect provided inthis act with respect to partnership property located in ortransactions that occur in this state.
(b) A certified copy of a statement that has been filedin the office of the secretary of state and recorded in theoffice for recording transfers of real property has the effectprovided for recorded statements in this act. A recordedstatement that is not a certified copy of a statement filed in theoffice of the secretary of state does not have the effectprovided for recorded statements in this act.
(c) A statement filed by a partnership must be executedby at least two partners. Other statements must be executed by apartner or other person authorized by this act. An individualwho executes a statement as, or on behalf of, a partner or otherperson named as a partner in a statement shall personally declareunder penalty of perjury that the contents of the statement areaccurate.
(d) A person authorized by this act to file astatement may amend or cancel the statement by filing an amendmentor cancellation that names the partnership, identifies thestatement, and states the substance of the amendment orcancellation.
(e) A person who files a statement pursuant to thissection shall promptly send a copy of the statement to everynonfiling partner and to any other person named as a partner in thestatement. Failure to send a copy of a statement to a partner orother person does not limit the effectiveness of the statement asto a person not a partner.
(f) The secretary of state may collect a fee forfiling or providing a certified copy of a statement. The officerresponsible for recording transfers of real property may collecta fee for recording a statement.
(g) The secretary of state shall set by rules and regulations any feesprovided by this act.
(h) The secretary of state shall prescribe a telefacsimile fee in additionto any filing fees to cover the costs of the services. The fee must be paidprior to acceptance of a telefacsimile communication under this section. Thetelefacsimile communication fee shall be deposited into the information andcopy fee fund. As used in this section, telefacsimile communication means theuse of electronic equipment to send or transfer a document.
(i) Any signature on documents authorized to be filed with the secretary ofstate under the provisions of this chapter may be a facsimile, a conformedsignature or an electronically transmitted signature.
History: L. 1998, ch. 93, § 5;L. 1999, ch. 41, § 15; July 1.