Current as of: 2010
(a) Each limited partnership shall continuously maintain in this state:
(1) An office, which may but need not be a place of its business in this state, at which shall be kept the records required by Section 10-9B-105 to be maintained; and
(2) An agent for service of process on the limited partnership, which agent must be an individual resident of this state, a domestic business entity, or a foreign business entity having a place of business in and authorized to do business in this state.
(b) Each limited partnership organized under the laws of this state shall file with the office of the Secretary of State, within the time prescribed in this section, a report setting forth:
(1) The name of the partnership;
(2) The county in which its certificate of limited partnership is filed;
(3) Its principal place of business in this state;
(4) The address of the office required to be maintained under subsection (a)(1) hereof; and
(5) The name of and address of the agent for service of process required to be maintained under subsection (a)(2) hereof.
(c) Such report shall be delivered to the Secretary of State within 30 days of the date the certificate of limited partnership is filed with the office of the judge of probate in the county in which its certificate of limited partnership is filed. Proof to the satisfaction of the Secretary of State that prior to the due date for the filing of such report, it was deposited in the United States mail, in a sealed envelope, properly addressed, with postage prepaid, shall be deemed compliance with this requirement. If the Secretary of State finds that such report conforms to the requirement of this section, he or she shall file the same. If he or she finds that it does not so conform, he or she shall promptly return the same to the limited partnership for any necessary corrections, in which event no penalties hereinafter prescribed for failure to file such report within the time hereinabove provided shall apply, if such report is corrected to conform to the requirements of this section and returned to the Secretary of State within 30 days from the date on which it was mailed to the partnership by the Secretary of State.
(d) The Secretary of State shall charge and collect a fee of five dollars ($5), payable to the State of Alabama, for filing the report required hereunder or for filing any statement of change under this section.
(e) Any limited partnership that fails or refuses to file its report required hereunder within 30 days after the receipt of written notice from the Secretary of State of its failure to file such report, shall be subject to a penalty of fifty dollars ($50), payable to the State of Alabama.
(f) The Secretary of State shall keep an alphabetical list of domestic limited partnerships whose reports have been filed in his or her office and of foreign limited partnerships which have registered in this state, together with the data contained in said annual reports or applications for registration as a foreign limited partnership.
(g) Whenever there is any change with respect to the information set forth in such report of any limited partnership, it shall within 30 days of such change file a statement of the change with the office of the Secretary of State. The requirement of filing any such change with the office of the Secretary of State is in addition to any requirement of filing an amendment to the certificate of limited partnership imposed under Section 10-9B-202 hereof. No change in the designation of the agent for service of process required to be maintained under subsection (a)(2) hereof shall be deemed effective until a statement of such change has been filed with the office of the Secretary of State, designating a new agent for service of process together with such agent's street address. Until such statement of change is filed, service of process upon the previously designated agent for service of process shall continue to be effective.
(h) Nothing herein contained shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a partnership in any other manner now or hereafter permitted by law.Prev Next
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