§428-1002  Application for certificate ofauthority.  (a)  [Subsection effective until June 30, 2010.  For subsectioneffective July 1, 2010, see below.]  A foreign limited liability companymay apply for a certificate of authority to transact business in this State bydelivering an application to the director for filing.  The application shallset forth:

(1)  The name of the foreign limited liability companyor, if its name is unavailable for use in this State, a name that satisfies therequirements of section 428-1005;

(2)  The name of the state or country under whose lawit is organized;

(3)  A representation and warranty that a list of thenames of and addresses of all members and their respective capitalcontributions are kept and will be kept at its principal office untilcancellation, in accordance with section 428-1007, of the foreign limitedliability company's authority to transact business in this State;

(4)  The mailing address of its principal office, thestreet address of its registered office in this State, and the name of itsregistered agent at its registered office in this State;

(5)  Whether the duration of the company is for aspecified term and, if so, the period specified;

(6)  Whether the company is manager-managed, and:

(A)  If so, the name and address of eachmanager; or

(B)  If not, the name and address of eachmember;

(7)  Whether the members of the company are to beliable for its debts and obligations under a provision similar to section428-303(c); and

(8)  Any additional information as may be necessary orappropriate to enable the director to determine whether the foreign limitedliability company is entitled to obtain authority to transact business in thisState.

(a)  [Subsection effective July 1, 2010. For subsection effective until June 30, 2010, see above.]  A foreignlimited liability company may apply for a certificate of authority to transactbusiness in this State by delivering an application to the director forfiling.  The application shall set forth:

(1)  The name of the foreign limited liability companyor, if its name is unavailable for use in this State, a name that satisfies therequirements of section 428-1005;

(2)  The name of the state or country under whose lawit is organized;

(3)  A representation and warranty that a list of thenames of and addresses of all members and their respective capitalcontributions are kept and will be kept at its principal office untilcancellation, in accordance with section 428-1007, of the foreign limitedliability company's authority to transact business in this State;

(4)  The mailing address of its principal office andthe information required by section 425R-4(a);

(5)  Whether the duration of the company is for aspecified term and, if so, the period specified;

(6)  Whether the company is manager-managed, and:

(A)  If so, the name and address of eachmanager; or

(B)  If not, the name and address of eachmember;

(7)  Whether the members of the company are to beliable for its debts and obligations under a provision similar to section428-303(c); and

(8)  Any additional information as may be necessary orappropriate to enable the director to determine whether the foreign limitedliability company is entitled to obtain authority to transact business in thisState.

(b)  A foreign limited liability company shalldeliver with the completed application a certificate of existence or a recordof similar import authenticated by the secretary of state or other officialhaving custody of company records in the state or country under whose law it isorganized, which certificate shall be dated not earlier than sixty days priorto the filing of the application.  If the certificate is in a foreign language,a translation attested to under oath by the translator shall accompany thecertificate. [L 1996, c 92, pt of §1; am L 2000, c 219, §79; am L 2002, c 130,§108; am L 2003, c 124, §78; am L 2004, c 121, §49; am L 2007, c 202, §2; am L2009, c 55, §58]