Kentucky Statutes 362.1-951 – Statement of foreign qualification
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(1) Before transacting business in this Commonwealth, a foreign limited liability partnership shall file a statement of foreign qualification. The statement shall contain:
(a) The name of the foreign limited liability partnership which satisfies the requirements of KRS § 14A.3-010;
(b) The street address of the partnership’s chief executive office and, if different, the street address of an office of the partnership in this Commonwealth, if any;
(c) The partnership’s registered office and the name of its registered agent at that office, which shall comply with KRS § 14A.4-010; and
(d) Its jurisdiction of organization.
(2) The status of a partnership as a foreign limited liability partnership remains effective, regardless of changes in the partnership, until it is canceled pursuant to KRS § 362.1-105(4) or revoked pursuant to KRS § 14A.9-080.
(3) If the name of a foreign limited liability partnership is not distinguishable upon the records of the Secretary of State, then it may file a statement of foreign qualification using a fictitious name that is distinguishable upon the records of the Secretary of State, in which instance the statement of foreign qualification shall be filed under the fictitious name, shall recite that the partnership has filed the statement of foreign qualification under a fictitious name, and shall include in the statement its real name in its jurisdiction of organization.
(4) Whether a foreign limited liability partnership is transacting business in the
Commonwealth shall be determined under KRS § 14A.9-010(2).
(5) The consequences to a foreign limited liability partnership transacting business without a statement of foreign qualification shall be as set forth in KRS § 14A.9-020.
(6) A statement of foreign qualification shall authorize the foreign limited liability partnership to transact business in this Commonwealth subject to the right of the Commonwealth to revoke the statement.
(7) A foreign limited liability partnership, having filed a statement of foreign qualification, shall have the same as, but no greater rights than, and shall have the same, but no greater privileges than, and except as otherwise provided by this subchapter, shall be subject to the same duties, restrictions, penalties, and liabilities now or later imposed on, a limited liability partnership.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 81, sec. 120, effective July 12, 2012. — Amended
2010 Ky. Acts ch. 151, sec. 99, effective January 1, 2011. — Created 2006 Ky. Acts ch. 149, sec. 70, effective July 12, 2006.
Formerly codified as KRS § 362.1-1102.
(a) The name of the foreign limited liability partnership which satisfies the requirements of KRS § 14A.3-010;
Terms Used In Kentucky Statutes 362.1-951
- Business: includes every trade, occupation, and profession. See Kentucky Statutes 362.1-101
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Foreign limited liability partnership: means a partnership that:
(a) Is formed under laws other than the laws of this Commonwealth. See Kentucky Statutes 362.1-101 - 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.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Limited liability partnership: means a partnership that has filed a statement of qualification under KRS §. See Kentucky Statutes 362.1-101
- Partnership: means an association of two (2) or more persons to carry on as co- owners a business for profit formed under KRS §. See Kentucky Statutes 362.1-101
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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 362.1-101
- Statement: means a statement of partnership authority under KRS §. See Kentucky Statutes 362.1-101
(b) The street address of the partnership’s chief executive office and, if different, the street address of an office of the partnership in this Commonwealth, if any;
(c) The partnership’s registered office and the name of its registered agent at that office, which shall comply with KRS § 14A.4-010; and
(d) Its jurisdiction of organization.
(2) The status of a partnership as a foreign limited liability partnership remains effective, regardless of changes in the partnership, until it is canceled pursuant to KRS § 362.1-105(4) or revoked pursuant to KRS § 14A.9-080.
(3) If the name of a foreign limited liability partnership is not distinguishable upon the records of the Secretary of State, then it may file a statement of foreign qualification using a fictitious name that is distinguishable upon the records of the Secretary of State, in which instance the statement of foreign qualification shall be filed under the fictitious name, shall recite that the partnership has filed the statement of foreign qualification under a fictitious name, and shall include in the statement its real name in its jurisdiction of organization.
(4) Whether a foreign limited liability partnership is transacting business in the
Commonwealth shall be determined under KRS § 14A.9-010(2).
(5) The consequences to a foreign limited liability partnership transacting business without a statement of foreign qualification shall be as set forth in KRS § 14A.9-020.
(6) A statement of foreign qualification shall authorize the foreign limited liability partnership to transact business in this Commonwealth subject to the right of the Commonwealth to revoke the statement.
(7) A foreign limited liability partnership, having filed a statement of foreign qualification, shall have the same as, but no greater rights than, and shall have the same, but no greater privileges than, and except as otherwise provided by this subchapter, shall be subject to the same duties, restrictions, penalties, and liabilities now or later imposed on, a limited liability partnership.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 81, sec. 120, effective July 12, 2012. — Amended
2010 Ky. Acts ch. 151, sec. 99, effective January 1, 2011. — Created 2006 Ky. Acts ch. 149, sec. 70, effective July 12, 2006.
Formerly codified as KRS § 362.1-1102.