§425-164  Revocation of statement of qualification. 
(a)  [Subsection effective until June 30, 2010.  For subsection effective
July 1, 2010, see below.]  The director may revoke the statement of
qualification of a limited liability partnership or statement of foreign
qualification of a foreign limited liability partnership if:



(1)  The partnership fails to:



(A)  Pay any fees prescribed by law;



(B)  File its annual report for a period of two
years;



(C)  Appoint and maintain an agent for service
of process as required; or



(D)  File a statement of a change in the name
or business address of the agent as required; or



(2)  A misrepresentation has been made of any material
matter in any application, report, affidavit, or other record or document
submitted by the partnership.



The director shall provide the partnership at least
sixty days' written notice of intent to revoke the statement.  The notice shall
be mailed to the partnership at its last known address appearing in the records
of the director.  The notice shall specify the annual report that has not been
filed or the fee that has not been paid, and the effective date of the
revocation.  The revocation shall not be effective if the specified annual
report is filed and the specified fee is paid before the effective date of the
revocation.



(a)  [Subsection effective July 1, 2010.  For
subsection effective until June 30, 2010, see above.]  The director may
revoke the statement of qualification of a limited liability partnership or
statement of foreign qualification of a foreign limited liability partnership
if:



(1)  The partnership fails to:



(A)  Pay any fees prescribed by law;



(B)  File its annual report for a period of two
years;



(C)  Appoint and maintain an agent for service
of process as required; or



(D)  File a statement of a change in the name
or business address of the agent as required by chapter 425R; or



(2)  A misrepresentation has been made of any material
matter in any application, report, affidavit, or other record or document
submitted by the partnership.



The director shall provide the partnership at least
sixty days' written notice of intent to revoke the statement.  The notice shall
be mailed to the partnership at its last known address appearing in the records
of the director.  The notice shall specify the annual report that has not been
filed or the fee that has not been paid, and the effective date of the
revocation.  The revocation shall not be effective if the specified annual
report is filed and the specified fee is paid before the effective date of the
revocation.



(b)  Revocation under subsection (a) shall only
affect a partnership's status as a limited liability partnership or foreign
limited liability partnership, and shall not be deemed an event of dissolution
of the partnership.



(c)  A partnership whose statement of
qualification has been administratively revoked may apply to the director for
reinstatement within two years after the effective date of the revocation.  The
application shall:



(1)  Recite the name of the partnership and the
effective date of the revocation;



(2)  Contain all reports due and unfiled;



(3)  Contain the payment of all delinquent fees and
penalties; and



(4)  Contain a certificate from the department of
taxation indicating that all taxes owed by the partnership have been paid, a
payment arrangement has been entered into, or the unpaid tax liabilities are
being contested in an administrative or judicial appeal with the department of
taxation.



(d)  A reinstatement under subsection (c) shall
relate back to and take effect as of the effective date of the revocation, and
the partnership's status as a limited liability partnership shall continue upon
reinstatement as if the revocation had never occurred. [L 2000, c 218, pt of
§1; am L 2002, c 130, §92; am L 2003, c 124, §56; am L 2006, c 235, §15; am L
2009, c 23, §10 and c 55, §38]