2005 Illinois Code - 805 ILCS 210/ Revised Uniform Limited Partnership Act. Article 12 - Miscellaneous
(805 ILCS 210/Art. 12 heading)
(Article scheduled to be repealed on January 1, 2008)
ARTICLE 12
Miscellaneous
(Source: P.A. 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1201) (from Ch. 106 1/2, par. 162‑1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1201.
Construction and Application.
This Act shall be so
applied and construed to effectuate its general purpose to make uniform the
law with respect to the subject of this Act among states enacting it.
(Source: P.A. 84‑1412; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1202) (from Ch. 106 1/2, par. 162‑2)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1202.
Judicial Review under the Administrative Review Law.
(a)
If the Secretary of State shall fail to approve documents as conforming to the
law
and file any document required by this Act to be approved by the Secretary
of State before the same shall be filed in his or her business office, the
Secretary shall, within 10 business days after the delivery thereof to him
or her, give written notice of his or her disapproval to the person or
partnership delivering the same, specifying the reasons therefor. The
decision of the Secretary of State is subject to judicial review under the
Administrative Review Law, as now or hereafter amended.
(b) Appeals may be taken from all final orders and judgments entered by the
circuit
court under this Section in review of any ruling or decision of the
Secretary of State as in other civil actions by either party
to the proceeding.
(Source: P.A. 84‑1412; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1203) (from Ch. 106 1/2, par. 162‑3)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1203.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearing the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act the notice
required under Section 10‑25 of the Illinois Administrative Procedure Act is
deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1204) (from Ch. 106 1/2, par. 162‑4)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1204.
Rules for Cases Not Provided for in this Act.
Before January
1, 2008, in any case
not provided for in this Act the provisions of the Uniform Partnership Act
govern if that Act is otherwise applicable as provided in Section 90 of that
Act. After December 31, 2002, in any case not provided for in this Act, the
provisions of the Uniform Partnership Act (1997) govern if that Act is
otherwise applicable as provided in Section 1206 of that Act.
(Source: P.A. 92‑740, eff. 1‑1‑03; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1205) (from Ch. 106 1/2, par. 162‑5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1205.
Applicability of Act.
(a) For purposes of this Act,
"preexisting limited partnership" means any limited partnership formed
prior to July 1, 1987, under the "Uniform Limited Partnership Act",
filed June 28, 1917, as amended.
(b) All limited partnerships formed on or after July 1, 1987 shall
be governed by this Act. All foreign limited partnerships shall be
governed by this Act from and after July 1, 1987.
(c) Except as provided in subsections (d) and (e), all preexisting
limited partnerships shall continue to be governed by the provisions of the
Uniform Limited Partnership Act until January 1, 1990, at which
time all preexisting limited partnerships which had not theretofore become
governed by this Act as provided in subsections (d) and (e) shall be
governed by this Act except to the extent provided otherwise in subsection (f).
(d) All preexisting limited partnerships shall be governed by
this Act before January 1, 1990 by filing with the Office of the Secretary
of State a certificate to be governed by this
Act, which shall include all of the information required by Section 201 to
be included in a certificate of limited partnership, shall specifically
state that such preexisting limited partnership shall be governed by
this Act, shall be effective at the time such certificate is filed in
the Office of the Secretary of State, and shall serve as the equivalent to
and substitute for the certificates of limited partnership.
(e) After July 1, 1987, no amendment or restatement of any
certificate of limited partnership of any preexisting limited partnership
shall be filed with, or accepted by, any county Recorder, unless such
amendment or restatement has been filed with the Office of the Secretary of
State in accordance with Section 206 of this Act. The first
amendment or restatement of the certificate of limited partnership of a
preexisting limited partnership made or filed after July 1, 1987
shall be preceded by the filing of a certificate to be
governed by this Act pursuant to subsection (d).
(f) With respect to any preexisting limited partnership:
(1) Sections 501, 502 and 608 shall apply only to
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contributions and distributions made after the time such preexisting limited partnership becomes governed by this Act, and notwithstanding any repeal provisions of this Act, the provisions of the Uniform Limited Partnership Act shall continue to apply to contributions and distributions made before that time; and
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(2) Section 704 shall apply only to assignments made
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after the time such preexisting limited partnership becomes governed by this Act, and notwithstanding any repeal provisions of this Act, the provisions of the Uniform Limited Partnership Act shall continue to apply to assignments made before that time.
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(g) The certificate to be governed by this Act shall, in addition to
setting forth the information specified in Section 201(a) and any other
information required to be set forth therein by any provision of this Section:
(1) identify the county recorder's office in which was filed such
preexisting limited partnership's original certificate of limited
partnership; and
(2) state the date of recordation, and the document number or book and
page number, of such original certificate of limited partnership.
(h) Preexisting limited partnerships shall file certificates to be
governed by this Act in the following manner:
(1) All preexisting limited partnerships whose names
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begin with the letters A, B, C, D, E or F shall file their certificates to be governed by this Act on or before July 1, 1988.
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(2) All preexisting limited partnerships whose names
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begin with the letters G, H, I, J, K, L or M shall file their certificates to be governed by this Act on or before January 1, 1989.
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(3) All preexisting limited partnerships whose names
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begin with the letters N, O, P, Q, R or S shall file their certificates to be governed by this Act on or before July 1, 1989.
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(4) All preexisting limited partnerships whose names
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begin with the letters T, U, V, W, X, Y or Z shall file their certificates to be governed by this Act before January 1, 1990.
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(i) If a limited partnership's name begins with a numeral or another
nonalphabetical symbol, the first letter of the English alphabet in the
name will determine when the limited partnership shall file its certificate
to be governed by this Act, as set forth in subsection (h).
(j) Any limited partnership which files a certificate to be
governed by this Act after the time specified in subsection (h) shall pay
an additional penalty of $100 upon the filing of that certificate.
(Source: P.A. 85‑403; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
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