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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
|||| 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 a15 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 a29 partnership which has filed a statement of partnership authoritywho 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 thatwhich 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