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H0620...........................................................by BUSINESS
PARTNERSHIPS - REGISTERED AGENTS - Amends existing law to allow a limited
partnership to change its registered agent by filing a form with the
Secretary of State; and to delete the requirement that a registered
partnership file an amendment to its organizational document in order to
change its registered agent.
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 - 64-0-6
AYES -- Barraclough(Barraclough), Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kendell, Kunz, Lake, Linford, Loertscher, Mader, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Alltus, Barrett, Deal, Henbest, Kempton,
Marley,
Floor Sponsor - Gagner
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
03/30 3rd rdg - PASSED - 30-2-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ingram,
Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS--Hawkins, Whitworth
Absent and excused--Danielson, McLaughlin, Schroeder
Floor Sponsor - Davis
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 326
Effective: 07/01/00
H0620
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 620
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO LIMITED PARTNERSHIPS, AMENDING SECTION 53-204, IDAHO CODE, TO
3 ALLOW A LIMITED PARTNERSHIP TO CHANGE ITS REGISTERED AGENT BY FILING A
4 FORM WITH THE SECRETARY OF STATE; AMENDING SECTION 53-209, IDAHO CODE, TO
5 DELETE THE REQUIREMENT THAT A LIMITED PARTNERSHIP FILE AN AMENDMENT TO ITS
6 ORGANIZATIONAL DOCUMENT IN ORDER TO CHANGE ITS REGISTERED AGENT; AND
7 AMENDING SECTION 53-262, IDAHO CODE, TO DELETE THE FEE FOR CHANGE IN REG-
8 ISTERED AGENT AND TO CLARIFY LANGUAGE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 53-204, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 53-204. REGISTERED AGENT. Each limited partnership shall continuously
13 maintain in this state a registered agent for service of process on the lim-
14 ited partnership, which agent must be an individual resident of this state, a
15 domestic corporation or limited liability company, or a foreign corporation or
16 limited liability company authorized to do business in this state. There shall
17 be no fee for the filing of a change in name or address of a registered agent
18 for either a domestic limited partnership or a foreign limited partnership.
19 The filing of any change in name or address shall be on a form prescribed by
20 the secretary of state.
21 SECTION 2. That Section 53-209, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 53-209. AMENDMENT TO CERTIFICATE. (a) A certificate of limited partner-
24 ship is amended by filing a certificate of amendment thereto in the office of
25 the secretary of state on a form prescribed by the secretary of state. The
26 certificate shall set forth:
27 (1) The name of the limited partnership;
28 (2) The date of filing the certificate; and
29 (3) The amendment to the certificate.
30 (b) Within thirty (30) days after the happening of any of the following
31 events, an amendment to a certificate of limited partnership reflecting the
32 occurrence of the event or events shall be filed:
33 (1) The admission of a new general partner;
34 (2) The withdrawal of a general partner;
35 (3) The continuation of the business under section 53-244, Idaho Code,
36 after an event of withdrawal of a general partner; or
37 (4) A change of the name or address of the registered agent.
38 (c) A general partner who becomes aware that any material statement in a
39 certificate of limited partnership was false when made or that any arrange-
40 ments or other facts described have changed, making the certificate inaccurate
41 in any material respect, shall promptly amend the certificate.
2
1 (d) A certificate of limited partnership may be amended at any time for
2 any other proper purpose the general partners determine.
3 (e) A restated certificate of limited partnership may be executed and
4 filed in the same manner as a certificate of amendment.
5 SECTION 3. That Section 53-262, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 53-262. FILING FEES. The secretary of state shall charge and collect for:
8 (a) Filing a certificate of limited partnership, one hundred dollars
9 ($100); if typed on the standard form, or one hundred twenty dollars ($120) if
10 not typed or if attachments are included;
11 (b) Filing a certificate of amendment or a restated certificate of lim-
12 ited partnership, thirty dollars ($30.00);
13 (c) Filing a certificate of cancellation, thirty dollars ($30.00);
14 (d) Filing a judicial decree of amendment or cancellation, thirty dollars
15 ($30.00);
16 (e) Filing an application for registration as a foreign limited partner-
17 ship, one hundred dollars ($100); if the form is typed and has no attachments,
18 and otherwise one hundred twenty dollars ($120);
19 (f) Filing a certificate of change or correction of an application for
20 registration of a foreign limited partnership, thirty dollars ($30.00);
21 (g) Filing a statement of change of registered agent of a foreign limited
22 partnership or its address, twenty dollars ($20.00);
23 (h) Filing an application for withdrawal of a foreign limited partnership
24 from the state, twenty dollars ($20.00);
25 (ih) Filing an application for a name reservation, or transfer thereof,
26 twenty dollars ($20.00);
27 (ji) Filing any other statement, twenty dollars ($20.00);
28 (kj) Filing any document relating to a limited partnership, when the fil-
29 ing party requires the evidence thereof to be returned within eight (8) work-
30 ing hours, a surcharge of twenty dollars ($20.00);
31 (k) Filing any nontyped limited partnership document which requires a
32 fee, a surcharge of twenty dollars ($20.00).
STATEMENT OF PURPOSE
RS 10049
The purpose of this bill is to simplify the process by which a Limited Partnership
changes its registered agent. At this time, a Limited Partnership must amend its
organizational document (Certificate of Limited Partnership) in order to change
the registered agent. This bill would allow this change to be implemented simply
by filing a form which will be placed on the Secretary of State's website. Also, the
bill will have the effect of eliminating the $20 fee for changing registered agents.
The bill also eliminates excess verbiage and clarifies that the Secretary of State
may charge $20 for handwritten documents.
FISCAL IMPACT
Minimal, difficult to estimate.
Contact: Chuck Goodenough
Deputy Secretary of State, Commercial Division
(208) 334-2301
STATEMENT OF PURPOSE/FISCAL NOTE H 620