31 §616. Certificate of existence; certificate of authority; certificate of fact (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/11)
Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 13: LIMITED LIABILITY COMPANIES
Subchapter 1: GENERAL PROVISIONS
§616. Certificate of existence; certificate of authority; certificate of fact
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/11)
1. Application. Any person may apply to the Secretary of State for a certificate of existence for a domestic limited liability company or a certificate of authority for a foreign limited liability company.
[ 2003, c. 631, §54 (NEW) .]
2. Contents. A certificate of existence or certificate of authority sets forth:
A. The limited liability company's name used in this State; [2003, c. 631, §54 (NEW).]
B. That, if a domestic limited liability company, the limited liability company is duly formed under the laws of this State and the date of its formation; [2003, c. 631, §54 (NEW).]
C. That, if a foreign limited liability company, the foreign limited liability company is authorized to transact business in this State, the date on which the limited liability company was authorized to transact business in this State and its jurisdiction of organization; [2003, c. 631, §54 (NEW).]
D. That all fees and penalties owed to this State have been paid if:
(1) Payment is reflected in the records of the Secretary of State; and
(2) Nonpayment affects the existence or authorization of the domestic or foreign limited liability company; [2003, c. 631, §54 (NEW).]
E. That the limited liability company's most recent annual report required by section 757 has been delivered to the Secretary of State; and [2003, c. 631, §54 (NEW).]
F. Any facts of record in the office of the Secretary of State that may be requested by the applicant under subsection 1. [2003, c. 631, §54 (NEW).]
[ 2003, c. 631, §54 (NEW) .]
3. Evidence of existence or authority. Subject to any qualification stated in the certificate, a certificate of existence or certificate of authority issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign limited liability company is in existence or is authorized to transact business in this State.
[ 2003, c. 631, §54 (NEW) .]
4. Certificate of fact. In addition to the certificate authorized under subsection 2, the Secretary of State may issue a certificate attesting to any fact of record in the office of the Secretary of State that may be requested by the applicant under subsection 1.
[ 2003, c. 631, §54 (NEW) .]
SECTION HISTORY
2003, c. 631, §54 (NEW). 2009, c. 629, Pt. A, §1 (RP). 2009, c. 629, Pt. A, §3 (AFF).