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362.595 Result of failure to comply with KRS 362.555 -- Service of process.
(1)
(2)
(3)
The failure of a registered limited liability partnership to comply with any
requirements of KRS 362.555 shall not impair the validity of any contract, deed,
mortgage, security interest, lien, or act of the registered limited liability
partnership or prevent the registered limited liability partnership from defending
any action, suit, or proceeding in any court of this Commonwealth.
Subject to subsection (3) of this section, the protection from liability of a partner
of a registered limited liability partnership under KRS 362.220(2) shall not be
altered by reason of the failure of the partnership to comply with any
requirements of KRS 362.555.
A partner in a partnership which has previously filed a statement under KRS
362.555, and which has failed to comply with the renewal statement
requirements of KRS 362.555, shall not be entitled to protection from liability
under KRS 362.220(2) in any action or proceeding brought by any person who
did business with the partnership during the period it failed to comply and who
did not at that time have actual knowledge that it was a limited liability
partnership.
Effective:July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 146, effective July 15,
2010. -- Repeal the prior repeal contained in 2006 Ky. Acts ch. 149, sec. 239,
which was to have been effective January 1, 2008, 2007 Ky. Acts ch. 137,
sec. 180, effective June 26, 2007; and amend 2007 Ky. Acts ch. 137, sec. 146,
effective June 26, 2007. -- Repealed 2006 Ky. Acts ch. 149, sec. 239, effective
January 1, 2008. -- Created 1994 Ky. Acts ch. 389, sec. 106, effective July 15,
1994.
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 reflect amendments made to those sections by 2007 Ky. Acts ch. 137
shall be deemed effective as of June 26, 2007, and those provisions are hereby
made expressly retroactive to that date, with the remainder of the text of those
sections being unaffected by the provisions of this section."
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