2006 Nebraska Revised Statutes - § 67-101 — Partnership; certificate; contents; filing.

Section 67-101
Partnership; certificate; contents; filing.

Any association of persons doing business in any county of this state under a firm, partnership, or corporate name, and not incorporated, organized, or registered under the laws of this state as a domestic or foreign corporation, nonprofit corporation, limited liability company, limited liability partnership, or limited partnership, or any other business entity required by law to organize or register to do business in Nebraska by filing articles of incorporation, organization, or registration with the Secretary of State, shall have recorded in the office of the county clerk of the county where the place of business of such association is located, a certificate signed by each member of such association, showing (1) the firm, partnership, or corporate name of such association; (2) the general nature of the business thereof and the principal place of doing business; and (3) the full name and residence of each individual member of such association.

Source:

Laws 1875, § 1, p. 178

R.S.1913, § 5767

C.S.1922, § 5112

C.S.1929, § 67-101

Laws 1941, c. 135, § 1, p. 539

C.S.Supp.,1941, § 67-101

R.S.1943, § 67-101

Laws 1997, LB 44, § 9

Termination date January 1, 2001

Annotations:

Record of certificate is not the only evidence by which existence of partnership may be proved, but it may be proved by any evidence admissible before statute was enacted. Houfek v. Held & Co., 75 Neb. 210, 106 N.W. 171 (1905); Schneider v. Patterson, 38 Neb. 680, 57 N.W. 398 (1894).

Recorded certificate is legal notice and evidence of partnership. Warren & Co. v. Martin, 24 Neb. 273, 38 N.W. 849 (1888).

Neither one of the partners can avail himself of the failure to perform the duty of filing certificate of partnership. Shriver v. McCloud, 20 Neb. 474, 30 N.W. 534 (1886).

~Reissue Revised Statutes of Nebraska