Kentucky Statutes 362.2-208 – Liability for false information in record
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(1) If a record delivered to the Secretary of State for filing under this subchapter and filed by the Secretary of State contains false information, a person that suffers loss by reliance on the information may recover damages for the loss from:
(a) A person that signed the record, or caused another to sign it on the person’s behalf, and knew the information to be false at the time the record was signed; and
(b) A general partner that has notice that the information was false when the record was filed or has become false due to changed circumstances, if the general partner has notice for a reasonably sufficient time before the information is relied upon to enable the general partner to effect an amendment under KRS § 362.2-202, file a petition pursuant to KRS § 362.2-205, or deliver to the Secretary of State for filing a statement of change pursuant to KRS § 362.2-115 or a statement of correction pursuant to KRS § 14A.2-090.
(2) The provisions of this section are in addition to those in KRS § 14A.2-030.
Effective: January 1, 2011
History: Amended 2010 Ky. Acts ch. 151, sec. 107, effective January 1, 2011. — Created 2006 Ky. Acts ch. 149, sec. 112, effective July 12, 2006.
(a) A person that signed the record, or caused another to sign it on the person’s behalf, and knew the information to be false at the time the record was signed; and
Terms Used In Kentucky Statutes 362.2-208
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- General partner: means :
(a) With respect to a limited partnership, a person that:
1. See Kentucky Statutes 362.2-102 - Partner: means a limited partner or general partner. See Kentucky Statutes 362.2-102
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Kentucky Statutes 362.2-102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 362.2-102
- State: means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 362.2-102
(b) A general partner that has notice that the information was false when the record was filed or has become false due to changed circumstances, if the general partner has notice for a reasonably sufficient time before the information is relied upon to enable the general partner to effect an amendment under KRS § 362.2-202, file a petition pursuant to KRS § 362.2-205, or deliver to the Secretary of State for filing a statement of change pursuant to KRS § 362.2-115 or a statement of correction pursuant to KRS § 14A.2-090.
(2) The provisions of this section are in addition to those in KRS § 14A.2-030.
Effective: January 1, 2011
History: Amended 2010 Ky. Acts ch. 151, sec. 107, effective January 1, 2011. — Created 2006 Ky. Acts ch. 149, sec. 112, effective July 12, 2006.