§ 50-73.17. (Effective until April 1, 2009) Filing; fees; effective time and date
A. 1. One signed copy of the certificate of limited partnership, of any amended and restated certificate referred to in § 50-73.77, of any certificate of amendment or cancellation, of any restated certificate of limited partnership or of any articles of merger shall be delivered to the Commission for filing and shall be accompanied by the required filing fee.
2. Any document delivered to the Commission for filing shall be typewritten or printed in black. Photocopies, or other reproduced copies, of typewritten or printed certificates may be filed. In every case, information in the document shall be legible and the document shall be capable of being reformatted and reproduced in copies of archival quality.
3. The document shall be in the English language. A limited partnership name need not be in English if written in English letters or Arabic or Roman numerals. The certificate of limited partnership or partnership agreement, duly authenticated by the official having custody of the applicable records in the state or other jurisdiction under whose law the limited partnership is formed, which is required of foreign limited partnerships, need not be in English if accompanied by a reasonably authenticated English translation.
4. If, pursuant to any provision of this chapter, the Commission has prescribed a mandatory form for the document, the document shall be in or on the prescribed form.
5. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. If the Commission finds that the certificate complies with the provisions of this chapter, that it has been signed as required by this chapter, and that the required filing fee has been paid, it shall file the certificate and admit it to record in its office. A signature on any document filed under this chapter may be a facsimile.
6. The Commission may accept the electronic filing of any information required or permitted to be filed by this chapter and may prescribe the methods of execution, recording, reproduction and certification of electronically filed information pursuant to § 59.1-496.
B. The Commission shall charge and collect the following fees:
1. For filing any one of the following, the fee shall be $10:
a. An application to reserve or to renew the reservation of a name for use by a domestic or a foreign limited partnership;
b. A notice of the transfer of a name reserved for the use by a domestic or a foreign limited partnership; and
c. A certificate declaring withdrawal referred to in § 50-73.25.
2. For filing any one of the following, the fee shall be $100:
a. A certificate of limited partnership referred to in § 50-73.11 or 50-73.11:3;
b. An application for registration as a foreign limited partnership;
c. An amended and restated certificate of limited partnership referred to in § 50-73.77.
3. For filing any one of the following, the fee shall be $25:
a. A certificate of amendment referred to in § 50-73.12;
b. A restated certificate of limited partnership referred to in § 50-73.12;
c. A certificate of correction referred to in § 50-73.57;
d. Articles of merger referred to in § 50-73.48:3;
e. An instrument of merger referred to in § 50-73.57:2;
f. An instrument of entity conversion referred to in § 50-73.57:3;
g. A certificate of cancellation referred to in § 50-73.13; and
h. A certificate of cancellation referred to in § 50-73.58.
4. For issuing a certificate pursuant to § 50-73.76:1, the fee shall be $6.
C. 1. A certificate filed with or issued by the Commission pursuant to the provisions of this chapter is effective at the time such certificate is filed or issued unless the certificate or articles to which the certificate relates are filed on behalf of a limited partnership and state that they shall become effective at a later time and date. In that event, the certificate shall become effective at the earlier of the time and date so specified or 11:59 p.m. on the fifteenth day after the date on which the certificate is filed with or issued by the Commission. Any other document filed with the Commission shall be effective when accepted for filing unless otherwise provided for in this chapter.
2. Notwithstanding subdivision 1 of this subsection, any certificate that has a delayed effective time and date shall not become effective if, prior to the effective time and date, a party to which the certificate relates files a request for cancellation with the Commission and the Commission, by order, cancels the certificate.
3. Notwithstanding subdivision 1 of this subsection, for purposes of §§ 50-73.2 and 50-73.56, any certificate that has a delayed effective date shall be deemed to be effective when the certificate is filed.
(1985, c. 607; 1987, c. 702; 1991, c. 434; 1992, c. 575; 1993, c. 292; 1995, cc. 70, 368; 2000, c. 995; 2002, c. 441; 2004, c. 274; 2007, cc. 631, 771.)
§ 50-73.17. (Effective April 1, 2009) Filing; fees; effective time and date.
A. 1. One signed copy of the certificate of limited partnership, of any amended and restated certificate referred to in § 50-73.77, of any certificate of amendment or cancellation, of any restated certificate of limited partnership or of any articles of merger shall be delivered to the Commission for filing and shall be accompanied by the required filing fee.
2. Any document delivered to the Commission for filing shall be typewritten or printed in black. Photocopies, or other reproduced copies, of typewritten or printed certificates may be filed. In every case, information in the document shall be legible and the document shall be capable of being reformatted and reproduced in copies of archival quality.
3. The document shall be in the English language. A limited partnership name need not be in English if written in English letters or Arabic or Roman numerals. The certificate of limited partnership or partnership agreement, duly authenticated by the official having custody of the applicable records in the state or other jurisdiction under whose law the limited partnership is formed, which is required of foreign limited partnerships, need not be in English if accompanied by a reasonably authenticated English translation.
4. If, pursuant to any provision of this chapter, the Commission has prescribed a mandatory form for the document, the document shall be in or on the prescribed form.
5. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. If the Commission finds that the certificate complies with the provisions of this chapter, that it has been signed as required by this chapter, and that the required filing fee has been paid, it shall file the certificate and admit it to record in its office.
6. The Commission may accept the electronic filing of any information required or permitted to be filed by this chapter and may prescribe the methods of execution, recording, reproduction and certification of electronically filed information pursuant to § 59.1-496.
B. The Commission shall charge and collect the following fees:
1. For filing any one of the following, the fee shall be $10:
a. An application to reserve or to renew the reservation of a name for use by a domestic or a foreign limited partnership;
b. A notice of the transfer of a name reserved for the use by a domestic or a foreign limited partnership; and
c. A certificate declaring withdrawal referred to in § 50-73.25.
2. For filing any one of the following, the fee shall be $100:
a. A certificate of limited partnership referred to in § 50-73.11 or 50-73.11:3;
b. An application for registration as a foreign limited partnership; and
c. An amended and restated certificate of limited partnership referred to in § 50-73.77.
3. For filing any one of the following, the fee shall be $25:
a. A certificate of amendment referred to in § 50-73.12;
b. A restated certificate of limited partnership referred to in § 50-73.12;
c. A copy of an amendment or correction referred to in § 50-73.57, or an amended application referred to in § 50-73.57, provided that an amended application shall not require a separate fee when it is filed with a copy of an amendment or a correction referred to in § 50-73.57;
d. Articles of merger referred to in § 50-73.48:3;
e. An instrument of merger referred to in § 50-73.57:2;
f. An instrument of entity conversion referred to in § 50-73.57:3;
g. A certificate of cancellation referred to in § 50-73.52:4; and
h. A certificate of cancellation referred to in § 50-73.58.
4. For issuing a certificate pursuant to § 50-73.76:1, the fee shall be $6.
C. 1. A certificate filed with or issued by the Commission pursuant to the provisions of this chapter is effective at the time such certificate is filed or issued unless the certificate or articles to which the certificate relates are filed on behalf of a limited partnership and state that they shall become effective at a later time and date. In that event, the certificate shall become effective at the earlier of the time and date so specified or 11:59 p.m. on the fifteenth day after the date on which the certificate is filed with or issued by the Commission. Any other document filed with the Commission shall be effective when accepted for filing unless otherwise provided for in this chapter.
2. Notwithstanding subdivision 1 of this subsection, as to any certificate that has a delayed effective time and date if, prior to the effective time and date, a party to which the certificate relates files a request for cancellation with the Commission, the Commission shall cancel the certificate and it shall not become effective.
3. Notwithstanding subdivision 1 of this subsection, for purposes of §§ 50-73.2 and 50-73.56, any certificate that has a delayed effective date shall be deemed to be effective when the certificate is filed or, in the case of a certificate of merger, issued.
(1985, c. 607; 1987, c. 702; 1991, c. 434; 1992, c. 575; 1993, c. 292; 1995, cc. 70, 368; 2000, c. 995; 2002, c. 441; 2004, c. 274; 2007, cc. 631, 771; 2008, c. 586.)
Sections: Previous 50-73.11:3 50-73.11:4 50-73.12 50-73.13 50-73.14 50-73.15 50-73.16 50-73.17 50-73.18 50-73.19 50-73.20 50-73.21 50-73.22 50-73.22:1 50-73.23 NextLast modified: April 16, 2009