§ 48-2a-210. Annual report.

(1)

(a) Each domestic limited partnership, and each foreign limited partnership authorized to transact business in this state, shall file an annual report with the division:

(i) during the month of its anniversary date of formation, in the case of domestic limited partnerships; or

(ii) during the month of the anniversary date of being granted authority to transact business in this state, in the case of foreign limited partnerships authorized to transact business in this state.

(b) The annual report required by Subsection (1)(a) shall set forth:

(i) the name of the limited partnership;

(ii) the state or country under the laws of which it is formed;

(iii) the information required by Subsection 16-17-203(1);

(iv) any change of address of a general partner; and

(v) a change in the persons constituting the general partners.

(2)

(a) The annual report required by Subsection (1) shall:

(i) be made on forms prescribed and furnished by the division; and

(ii) contain information that is given as of the date of execution of the annual report.

(b) The annual report forms shall include a statement of notice to the limited partnership that failure to file the annual report will result in the dissolution of:

(i) the limited partnership, in the case of a domestic limited partnership; or

(ii) its registration, in the case of a foreign limited partnership authorized to transact business in this state.

(c) The annual report shall be signed by:

(i) any general partner under penalty of perjury; and

(ii) if the registered agent has changed since the last annual report or other appointment of a registered agent, the new registered agent.

(3)

(a) If the division finds that the annual report required by Subsection (1) conforms to the requirements of this chapter, it shall file the annual report.

(b) If the division finds that the annual report required by Subsection (1) does not conform to the requirements of this chapter, the division shall mail the report first-class postage prepaid to the limited partnership at the addresses set forth in the certificate for any necessary corrections.

(c) If the division returns an annual report in accordance with Subsection (3)(b), the penalties for failure to file the annual report within the time prescribed in Section 48-2a-203.5 do not apply, as long as the report is corrected and returned to the division within 30 days from the date the nonconforming report was mailed to the limited partnership.

Amended by Chapter 364, 2008 General Session