§425E-202 - Amendment or restatement of certificate.
[§425E-202] Amendment or
restatement of certificate. (a) In order to amend its
certificate of limited partnership, a limited partnership shall deliver to the
director for filing an amendment or, pursuant to article 11, articles of merger
stating:
(1) The name of the limited partnership;
(2) The date of filing of its initial certificate;
and
(3) The changes the amendment makes to the
certificate as most recently amended or restated.
(b) A limited partnership shall within thirty
days deliver to the director for filing an amendment to a certificate of
limited partnership to reflect:
(1) The admission of a new general partner;
(2) The dissociation of a person as a general
partner; or
(3) The appointment of a person to wind up the
limited partnership's activities under section 425E-803(c) or (d).
(c) A general partner that knows that any
information in a filed certificate of limited partnership was false when the
certificate was filed or has become false due to changed circumstances shall
promptly:
(1) Cause the certificate to be amended; or
(2) If appropriate, deliver to the director for
filing a statement of change pursuant to section 425E-115 or a certificate of
correction pursuant to section 425E-207.
(d) A certificate of limited partnership may
be amended at any time for any other proper purpose as determined by the
limited partnership.
(e) A restated certificate of limited
partnership may be delivered to the director for filing in the same manner as
an amended certificate.
(f) Subject to section 425E-206(c), an
amendment or restated certificate shall be effective when filed with the
director. [L 2003, c 210, pt of §1]