§428-1002  Application for certificate of
authority.  (a)  [Subsection effective until June 30, 2010.  For subsection
effective July 1, 2010, see below.]  A foreign limited liability company
may apply for a certificate of authority to transact business in this State by
delivering an application to the director for filing.  The application shall
set forth:



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



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



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



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



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



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



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



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



(7)  Whether the members of the company are to be
liable for its debts and obligations under a provision similar to section
428-303(c); and



(8)  Any additional information as may be necessary or
appropriate to enable the director to determine whether the foreign limited
liability company is entitled to obtain authority to transact business in this
State.



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



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



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



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



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



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



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



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



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



(7)  Whether the members of the company are to be
liable for its debts and obligations under a provision similar to section
428-303(c); and



(8)  Any additional information as may be necessary or
appropriate to enable the director to determine whether the foreign limited
liability company is entitled to obtain authority to transact business in this
State.



(b)  A foreign limited liability company shall
deliver with the completed application a certificate of existence or a record
of similar import authenticated by the secretary of state or other official
having custody of company records in the state or country under whose law it is
organized, which certificate shall be dated not earlier than sixty days prior
to the filing of the application.  If the certificate is in a foreign language,
a translation attested to under oath by the translator shall accompany the
certificate. [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 L
2009, c 55, §58]