2009 Kentucky Revised Statutes Subchapter 2 Kentucky Uniform Limited Partnership Act (2006) 362.2.121 Requirements for documents to be filed with the Secretary of State. (Effective until January 1, 2011)
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362.2-121 Requirements for documents to be filed with the Secretary of
State. (Effective until January 1, 2011)
(1) A record that satisfies the requirements of this section, and of any other section of
this subchapter that adds to or varies these requirements, shall be entitled to filing <br>by the Secretary of State.
(2) This subchapter shall require or permit filing the record in the Office of the
Secretary of State.
(3) The record shall contain the information required by this subchapter. It may also
contain other information.
(4) The record shall be typewritten or printed or, if electronically transmitted, it shall be
in a format that can be retrieved or reproduced in typewritten or printed form. The <br>typewritten or printed portion shall be in black. Manually signed photocopies or <br>other reproduced copies of typewritten or printed records may be filed.
(5) The record shall be in the English language. A limited partnership name may be in a
language other than English if written in English letters or Arabic or Roman <br>numerals. Any record that may be filed by a foreign limited partnership that is duly <br>authenticated by the official having custody of the applicable records in the state, <br>country, or other jurisdiction under whose law the limited liability company is <br>formed may be in a language other than English if accompanied by a reasonably-<br>authenticated English translation.
(6) The person executing the record shall sign it and print beneath or opposite his or her
signature the names of the person and the capacity in which he or she signs.
(7) The person executing the record may do so as an attorney-in-fact. Powers of
attorney relating to the execution of the record shall not be required to be provided <br>to or filed with the Secretary of State.
(8) A person who executes a record to be filed with the Secretary of State shall be
deemed to have declared under penalty of perjury that to that person's knowledge <br>the contents of the statement are accurate.
(9) (a) It shall be unlawful for any person to sign a statement the person knows is
false in any material respect with the intent that the statement be delivered to <br>the Secretary of State for filing.
(b) Any person who violates the provisions of this subsection shall be guilty of an
offense punishable by a fine not to exceed one hundred dollars ($100).
(10) If the Secretary of State has prescribed a mandatory form for a record, then the
record shall be in or on the prescribed form.
(11) The record shall be delivered to the Secretary of State for filing. Delivery may be
made by electronic transmission if and to the extent permitted by the Secretary of <br>State. If it is filed in typewritten or printed form and not transmitted electronically, <br>then the Secretary of State may require that it be accompanied by two (2) exact or <br>conformed copies.
(12) One (1) exact or conformed copy, or, if transmitted electronically, a reproduction in
paper form, shall be filed with and recorded by the county clerk of the county in
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which the registered office of the limited partnership is located. A county clerk shall <br>receive a fee pursuant to KRS 64.012 for recording and issuing reports, articles, and <br>statements pertaining to limited partnerships. A document otherwise filed in <br>accordance with this section with the Secretary of State shall be effective regardless <br>of failure to file the document with the county clerk in accordance with this <br>subsection.
(13) When the record is delivered to the Secretary of State for filing, the correct filing
fee and any other moneys required by this subchapter or other law to be collected by <br>the Secretary of State therewith shall be paid or provision for payment made in a <br>manner permitted by the Secretary of State. The Secretary of State may accept <br>payment of the correct amount due by credit card, debit card, charge card, or similar <br>method. However, if the amount due is tendered by any method other than cash, <br>then the liability is not finally discharged until the Secretary of State receives final <br>payment or credit of collectible funds.
Effective: July 15, 2010 <br>History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 154, effective July 15,
2010. -- Amended 2007 Ky. Acts ch. 137, sec. 154, effective June 26, 2007. -- <br>Created 2006 Ky. Acts ch. 149, sec. 100, effective July 12, 2006.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183,
provides, "The specific textual provisions of Sections 1 to 178 of this Act which <br>reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed <br>effective as of June 26, 2007, and those provisions are hereby made expressly <br>retroactive to that date, with the remainder of the text of those sections being <br>unaffected by the provisions of this section."
362.2-121 Requirements for documents to be filed with the Secretary of
State. (Effective January 1, 2011)
Each document delivered by a domestic or foreign limited partnership to the Secretary of <br>State for filing shall satisfy the requirements of KRS 14A.2-010 to 14A.2-150.
Effective: January 1, 2011 <br>History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 154, effective July 15,
2010; and ch. 151, sec. 103, effective January 1, 2011. -- Amended 2007 Ky. Acts <br>ch. 137, sec. 154, effective June 26, 2007. -- Created 2006 Ky. Acts ch. 149, <br>sec. 100, effective July 12, 2006.
Legislative Research Commission Note (1/1/2011). This section was repealed and
reenacted without change to the existing language by 2010 Ky. Acts ch. 51, effective <br>7/15/10, and repealed and reenacted with the new language by 2010 Ky. Acts <br>ch. 151, effective 1/1/2011. Pursuant to Section 184 of Acts ch. 51, it was the intent <br>of the General Assembly that the repeal and reenactment by ch. 51 not serve to void <br>amendments made by other bills, and these Acts do not appear to be in conflict, <br>therefore, they have been codified together.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183,
provides, "The specific textual provisions of Sections 1 to 178 of this Act which <br>reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed <br>effective as of June 26, 2007, and those provisions are hereby made expressly <br>retroactive to that date, with the remainder of the text of those sections being <br>unaffected by the provisions of this section."
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