2000 Legislation
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HOUSE BILL NO. 620 – Partnerships, registered agents

HOUSE BILL NO. 620

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


     
     
                 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