§425-154 - Amending and restating, amending, and restating the statement of qualification; voluntary cancellation.
§425-154 Amending and restating, amending,and restating the statement of qualification; voluntary cancellation. (a) A statement of qualification may be amended and restated at any time for anyproper purpose determined by the partners. The amended and restated statementof qualification shall set forth:
(1) All of the operative provisions of the statementof qualification as previously amended; and
(2) A statement that the amended and restatedstatement of qualification supersedes the original statement of qualificationand all amendments thereto.
The amended and restated statement of qualificationshall be delivered to the director for filing. The director may certify theamended and restated statement of qualification as the statement of qualificationcurrently in effect, without including the information required to be filed byparagraph (2).
(b) A statement of qualification shall beamended by delivering a statement of amendment of limited liability partnershipto the director for filing. The statement of amendment shall set forth:
(1) The name of the limited liability partnership;
(2) The date on which the limited liabilitypartnership's statement of qualification was filed; and
(3) The amendment to the statement of qualification.
(c) A restated statement of qualification maybe executed and filed in the same manner as a statement of amendment. Therestated statement of qualification shall set forth all of the operativeprovisions of the statement of qualification as previously amended, togetherwith a statement that the restated statement of qualification correctly setsforth without change the corresponding provisions of the statement ofqualification as previously amended, and that the restated statement ofqualification supersedes the original statement of qualification and allamendments thereto. The director may certify the restated statement ofqualification currently in effect, without including the information requiredto be set forth in the restatement by this subsection.
(d) An amended, restated, or amended andrestated statement of qualification shall be effective when filed.
(e) A limited liability partnership validlycreated under this chapter may voluntarily cancel its limited liability statuswith an amendment to a statement of qualification. [L 2000, c 218, pt of §1; amL 2001, c 241, §2; am L 2002, c 130, §87; am L 2003, c 124, §52]