§ 48-1-42. Registration of limited liability partnerships.

(1)

(a) A partnership shall register with the Division of Corporations and Commercial Code by filing an application or a renewal statement:

(i) to become and to continue as a limited liability partnership; or

(ii) to do business in this state as a foreign limited liability partnership.

(b) The application or renewal statement shall include:

(i) the name of the limited liability partnership;

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

(iii) the number of partners;

(iv) a brief statement of the business in which the limited liability partnership engages;

(v) a brief statement that the partnership is applying for, or seeking to renew its status as a limited liability partnership; and

(vi) if a foreign limited liability partnership, an original certificate of fact or good standing from the office of the lieutenant governor or other responsible authority of the state in which the limited liability partnership is formed.

(2) The application or renewal statement required by Subsection (1) shall be executed by a majority in voting interest of the partners or by one or more partners authorized by the partnership to execute an application or renewal statement.

(3) The application or renewal statement shall be accompanied by a filing fee established under Section 63J-1-504.

(4) The division shall register as a limited liability partnership any partnership that submits a completed application with the required fee.

(5)

(a) The registration expires one year after the date an application is filed unless the registration is voluntarily withdrawn by filing with the division a written withdrawal notice executed by a majority in voting interest of the partners or by one or more partners authorized to execute a withdrawal notice.

(b) Registration of a partnership as a limited liability partnership shall be renewed if no earlier than 60 days before the date the registration expires and no later than the date of expiration, the limited liability partnership files with the division a renewal statement.

(c) The division shall renew the registration as a limited liability partnership of any limited liability partnership that timely submits a completed renewal statement with the required fee.

(d) If a renewal statement is timely filed, the registration is effective for one year after the date the registration would have expired but for the filing or the renewal statement.

(6) The status of a partnership as a limited liability partnership is not affected by changes in the information stated in the application or renewal statement which take place after the filing of an application or a renewal statement.

(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may issue rules providing for the form content and submittal of applications for registration or of renewal statements.

Amended by Chapter 183, 2009 General Session