§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 any
proper purpose determined by the partners. The amended and restated statement
of qualification shall set forth:
(1) All of the operative provisions of the statement
of qualification as previously amended; and
(2) A statement that the amended and restated
statement of qualification supersedes the original statement of qualification
and all amendments thereto.
The amended and restated statement of qualification
shall be delivered to the director for filing. The director may certify the
amended and restated statement of qualification as the statement of qualification
currently in effect, without including the information required to be filed by
paragraph (2).
(b) A statement of qualification shall be
amended by delivering a statement of amendment of limited liability partnership
to 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 liability
partnership's statement of qualification was filed; and
(3) The amendment to the statement of qualification.
(c) A restated statement of qualification may
be executed and filed in the same manner as a statement of amendment. The
restated statement of qualification shall set forth all of the operative
provisions of the statement of qualification as previously amended, together
with a statement that the restated statement of qualification correctly sets
forth without change the corresponding provisions of the statement of
qualification as previously amended, and that the restated statement of
qualification supersedes the original statement of qualification and all
amendments thereto. The director may certify the restated statement of
qualification currently in effect, without including the information required
to be set forth in the restatement by this subsection.
(d) An amended, restated, or amended and
restated statement of qualification shall be effective when filed.
(e) A limited liability partnership validly
created under this chapter may voluntarily cancel its limited liability status
with an amendment to a statement of qualification. [L 2000, c 218, pt of §1; am
L 2001, c 241, §2; am L 2002, c 130, §87; am L 2003, c 124, §52]