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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 - 2000IN 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; or37(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) if10not 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,18and 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 limited22partnership 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