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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History: Repealed and reenacted 2010 Ky.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 -- Repealed 2006 Ky.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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