§ 50-73.58. Cancellation of certificate of registration
A. A foreign limited partnership may cancel its certificate of registration by delivering to the Commission a certificate of cancellation executed by a general partner on forms prescribed and furnished by the Commission which shall set forth:
1. The name of the foreign limited partnership and the name of the state or other jurisdiction under whose jurisdiction it was formed;
2. That the foreign limited partnership is not transacting business in this Commonwealth and that it surrenders its registration to transact business in this Commonwealth;
3. That the foreign limited partnership revokes the authority of its registered agent to accept service on its behalf and appoints the Clerk of the Commission as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this Commonwealth;
4. A mailing address to which the Clerk may mail a copy of any process served on him under subdivision 3 of this subsection; and
5. A commitment to notify the Clerk of the Commission in the future of any change in the mailing address of the limited partnership.
B. If the certificate has been signed by a general partner of the limited partnership and the required fees have been paid, the Commission shall file the certificate and the certificate of registration shall be canceled.
C. The certificate of registration to transact business in the Commonwealth of any foreign limited partnership may be canceled involuntarily by order of the Commission upon the foreign limited partnership's conviction for a violation of 8 U.S.C. § 1324a(f), as amended, for actions of its partners constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. A certificate of a foreign limited partnership canceled pursuant to this subsection shall not be eligible for reinstatement for a period of not less than one year.
D. Before entering any such order the Commission shall issue a rule against the foreign limited partnership giving it an opportunity to be heard and show cause why such an order shall not be entered. The Commission may issue the rule on its own motion or on motion of the Attorney General.
E. Any foreign limited partnership convicted of the offense listed in subsection C shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction.
(1985, c. 607; 2008, cc. 588, 770.)
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