Iowa Code 489.1012 – Filings required for domestication — effective date
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1. After a plan of domestication is approved, a domesticating company shall deliver to the secretary of state for filing articles of domestication, which must include all of the following:
a. A statement, as the case may be, that the company has been domesticated from or into another jurisdiction.
b. The name of the domesticating company and the jurisdiction of its governing statute.
c. The name of the domesticated company and the jurisdiction of its governing statute.
d. The date the domestication is effective under the governing statute of the domesticated company.
e. If the domesticating company was a limited liability company, a statement that the domestication was approved as required by this chapter.
f. If the domesticating company was a foreign limited liability company, a statement that the domestication was approved as required by the governing statute of the other jurisdiction.
g. If the domesticated company was a foreign limited liability company not authorized to transact business in this state, the street and mailing addresses of an office that the secretary of state may use for the purposes of section 489.1013, subsection 2.
Terms Used In Iowa Code 489.1012
- Certificate of organization: means the certificate required by section 489. See Iowa Code 489.102
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Foreign limited liability company: means an unincorporated entity formed under the law of a jurisdiction other than this state and denominated by that law as a limited liability company. See Iowa Code 489.102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 489.102
- Statute: A law passed by a legislature.
2. A domestication becomes effective as follows:
a. When the certificate of organization takes effect, if the domesticated company is a limited liability company.
b. According to the governing statute of the domesticated company, if the domesticated organization is a foreign limited liability company.