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H0618...........................................................by BUSINESS
PARTNERSHIPS - Amends existing law to delete the requirement that a
statement of partnership authority be filed prior to the filing of a
statement of dissociation or the filing of a statement of dissolution.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to Bus
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 62-1-7
AYES -- Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Deal,
Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, Meyer, Mortensen,
Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, WoodZimmermann, Mr
Speaker
NAYS -- Cuddy
Absent and excused -- Alltus, Ellsworth, Henbest, Kempton, Marley,
McKague, Montgomery,
Floor Sponsor - Smylie
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Com/HuRes
03/17 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 30-4-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Williams
NAYS--Cameron, Hawkins, Parry, Whitworth
Absent and excused--McLaughlin
Floor Sponsor - Davis
Title apvd - to House
03/24 To enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 123
Effective: 01/01/01
H0618
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 618
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO PARTNERSHIPS AND THE FILING OF STATEMENTS OF DISSOCIATION AND DIS-
3 SOLUTION; AMENDING SECTION 53-3-704, IDAHO CODE, AS ADDED BY SECTION 2,
4 CHAPTER 65, LAWS OF 1998, TO DELETE THE REQUIREMENT THAT A STATEMENT OF
5 PARTNERSHIP AUTHORITY BE FILED PRIOR TO THE FILING OF A STATEMENT OF DIS-
6 SOCIATION; AMENDING SECTION 53-3-805, IDAHO CODE, AS ADDED BY SECTION 2,
7 CHAPTER 65, LAWS OF 1998, TO DELETE THE REQUIREMENT THAT A STATEMENT OF
8 PARTNERSHIP AUTHORITY BE FILED PRIOR TO THE FILING OF A STATEMENT OF DIS-
9 SOLUTION; AND PROVIDING AN EFFECTIVE DATE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 53-3-704, Idaho Code, as added by Section 2,
12 Chapter 65, Laws of 1998, be, and the same is hereby amended to read as fol-
13 lows:
14 53-3-704. STATEMENT OF DISSOCIATION. (a) A partnership which has filed a
15 statement of partnership authority, or a dissociated partner thereof,
16 dissociated partner or the partnership may file a statement of dissociation
17 stating the name of the partnership and that the partner is dissociated from
18 the partnership.
19 (b) A statement of dissociation is a limitation on the authority of a
20 dissociated partner for the purposes of section 53-3-303(d) and (e), Idaho
21 Code.
22 (c) For the purposes of sections 53-3-702(a)(3) and 53-3-703(b)(3), Idaho
23 Code, a person not a partner is deemed to have notice of the dissociation
24 ninety (90) days after the statement of dissociation is filed.
25 SECTION 2. That Section 53-3-805, Idaho Code, as added by Section 2,
26 Chapter 65, Laws of 1998, be, and the same is hereby amended to read as fol-
27 lows:
28 53-3-805. STATEMENT OF DISSOLUTION. (a) After dissolution, a partner of a
29 partnership which has filed a statement of partnership authority who has not
30 wrongfully dissociated may file a statement of dissolution stating the name of
31 the partnership and that the partnership has dissolved and is winding up its
32 business.
33 (b) A statement of dissolution cancels a filed statement of partnership
34 authority for the purposes of section 53-3-303(d), Idaho Code, and is a limi-
35 tation on authority for the purposes of section 53-3-303(e), Idaho Code.
36 (c) For the purposes of sections 53-3-301 and 53-3-804, Idaho Code, a
37 person not a partner is deemed to have notice of the dissolution and the limi-
38 tation on the partners' authority as a result of the statement of dissolution
39 ninety (90) days after it is filed.
40 (d) After filing a statement of dissolution, a dissolved partnership may
41 file a statement of partnership authority that which will operate with
2
1 respect to a person not a partner as provided in section 53-3-303(d) and (e),
2 Idaho Code, in any transaction, whether or not the transaction is appropriate
3 for winding up the partnership business.
4 SECTION 3. This act shall be in full force and effect on and after Janu-
5 ary 1, 2001.
STATEMENT OF PURPOSE
RS 10034
The purpose of this bill is to amend the Revised Uniform Partnership Act, enacted
in 1998, but not made effective until 1 January 2001. The amendments restore the
original language in this Uniform Act which would allow partners to file articles
of dissociation and dissolution even if a partnership had not previously filed a
statement of partnership authority with the Secretary of State. By not allowing
partners to file articles of dissolution or dissociation, for a pre-existing
partnership, unless an organizational document is first filed, the law would allow
partners to prevent another partner from leaving the firm or asking a court to
break up the partnership.
FISCAL IMPACT
None.
Contact: Chuck Goodenough
Deputy Secretary of State, Commercial Division
(208) 334-2301
STATEMENT OF PURPOSE/FISCAL NOTE H 618