§425E-203 - Statement of termination.
[§425E-203] Statement oftermination. (a) A dissolved limited partnership that hascompleted winding up may deliver to the director for filing a statement oftermination that states:
(1) The name of the limited partnership;
(2) The date of filing of its initial certificate oflimited partnership; and
(3) The effective date, which shall be a date andtime certain, of cancellation, if it is not to be effective upon the filing ofthe certificate.
(b) A limited partnership shall be terminatedupon the effective date of its statement of termination. The statement oftermination may specify a delayed effective time and date, and if so, thedocument becomes effective at the time and date specified. If a delayedeffective date but no time is specified, the document shall be effective at theclose of business on that date. A delayed effective date for a document shallnot be later than the thirtieth day after the date it is filed.
(c) If a partnership has terminated by theexpiration of its term of existence, the partners may, at any time within twoyears of such termination, by taking action consistent with the partnershipagreement and by amending the partnership's certificate of limited partnership,extend the term of partnership. Such extension shall be effective from theoriginal filing of the certificate.
(d) Within the applicable two-year period,should the name of the limited partnership, or a name substantially identical,be registered or reserved by another entity or should such name or a namesubstantially identical be registered as a trade name, trademark, or servicemark, then extension of its term of existence shall be allowed only upon theregistration of a new name by the limited partnership pursuant to the amendmentprovisions of this chapter. [L 2003, c 210, pt of §1]