§ 59-101 Short title
§ 59-102 Definitions
§ 59-103 Name
§ 59-105 Registered office and registered agent
§ 59-106 Records to be kept
§ 59-107 Nature of business
§ 59-108 Business transactions of partner with the partnership
§ 59-201 Certificate of limited partnership
§ 59-202 Amendment to certificate
§ 59-203 Cancellation of certificate
§ 59-204 Execution of documents
§ 59-205 Execution by judicial act
§ 59-206 Filing requirements
§ 59-207 Liability for false statement in certificate
§ 59-208 Notice
§ 59-209 Certificate of existence
§ 59-210 Limited liability limited partnerships
§ 59-301 Admission of limited partners
§ 59-302 Voting
§ 59-303 Liability to third parties
§ 59-304 Person erroneously believing himself limited partner
§ 59-305 Information
§ 59-401 Admission of additional general partners
§ 59-402 Events of withdrawal
§ 59-403 General powers and liabilities
§ 59-404 Contributions by a general partner
§ 59-405 Voting
§ 59-501 Form of contribution
§ 59-502 Liability for contributions
§ 59-503 Sharing income, gain, loss, deduction or credit
§ 59-504 Sharing of distributions
§ 59-601 Interim distributions
§ 59-602 Withdrawal of general partner
§ 59-603 Withdrawal of limited partner
§ 59-604 Distribution upon withdrawal
§ 59-605 Distribution in kind
§ 59-606 Right to distribution
§ 59-607 Limitations on distribution
§ 59-608 Liability upon return of contribution
§ 59-701 Nature of partnership interest
§ 59-702 Assignment of partnership interest
§ 59-703 Rights of creditor
§ 59-704 Right of assignee to become limited partner
§ 59-705 Power of estate of deceased or incompetent partner
§ 59-801 Nonjudicial dissolution
§ 59-802 Judicial dissolution
§ 59-803 Winding up
§ 59-804 Distribution of assets
§ 59-901 Law governing
§ 59-902 Registration
§ 59-903 Issuance of registration
§ 59-904 Name
§ 59-905 Changes and amendments
§ 59-906 Cancellation of registration
§ 59-907 Transaction of business without registration
§ 59-908 Action by Attorney General
§ 59-909 Withdrawal of foreign limited partnership by reason of a merger, consolidation, or conversion
§ 59-1001 Right of action
§ 59-1002 Proper plaintiff
§ 59-1003 Pleading
§ 59-1004 Expenses
§ 59-1005 Dismissal of action
§ 59-1006 Construction
§ 59-1050 Conversion
§ 59-1051 Plan of conversion
§ 59-1052 Filing of certificate of limited partnership
§ 59-1053 Effects of conversion
§ 59-1060 Conversion
§ 59-1061 Plan of conversion
§ 59-1062 Articles of conversion
§ 59-1063 Effects of conversion
§ 59-1070 Merger
§ 59-1071 Plan of merger
§ 59-1072 Articles of merger
§ 59-1073 Effects of merger
§ 59-1101 Construction and application
§ 59-1102 Rules for cases not provided for in this Article
§ 59-1103 Severability
§ 59-1104 Effective date and repeal
§ 59-1106 Filing, service, and copying fees
§ 59-1107 Income taxation

Terms Used In North Carolina General Statutes > Chapter 59 > Article 5

  • Act: The North Carolina Uniform Partnership Act and refers to all provisions therein. See North Carolina General Statutes 59-32
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankrupt: Bankrupt under the Federal Bankruptcy Act or insolvent under any State insolvent act. See North Carolina General Statutes 59-32
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Business: means any lawful trade, investment, or other purpose or activity, whether or not the trade, investment, purpose, or activity is carried on for profit. See North Carolina General Statutes 59-102
  • Business entity: means a domestic corporation (including a professional corporation as defined in G. See North Carolina General Statutes 59-102
  • Certificate of limited partnership: means the certificate referred to in G. See North Carolina General Statutes 59-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conformed copy: shall include a photostatic or other photographic copy of the original document. See North Carolina General Statutes 59-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner. See North Carolina General Statutes 59-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: Every court and judge having jurisdiction in the case. See North Carolina General Statutes 59-32
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Domestic corporation: Has the same meaning as in G. See North Carolina General Statutes 59-32
  • Domestic limited liability company: Has the same meaning as the term "LLC" in G. See North Carolina General Statutes 59-32
  • Domestic limited partnership: Has the same meaning as in G. See North Carolina General Statutes 59-32
  • Domestic nonprofit corporation: means a corporation as defined in G. See North Carolina General Statutes 59-102
  • Event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in G. See North Carolina General Statutes 59-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: Has the same meaning as in G. See North Carolina General Statutes 59-32
  • Foreign limited liability company: Has the same meaning as the term "foreign LLC" in G. See North Carolina General Statutes 59-32
  • Foreign limited liability partnership: A partnership that is formed under laws other than the laws of this State and has the status of a limited liability partnership or registered limited liability partnership under those laws. See North Carolina General Statutes 59-32
  • Foreign limited partnership: means a partnership formed under the laws of any state, province, country, or other jurisdiction other than this State and having as partners one or more general partners and one or more limited partners, and includes, for all purposes of the laws of the State of North Carolina, a limited liability limited partnership. See North Carolina General Statutes 59-102
  • Foreign nonprofit corporation: means a foreign corporation as defined in G. See North Carolina General Statutes 59-102
  • General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See North Carolina General Statutes 59-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See North Carolina General Statutes 59-102
  • month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partner: means a limited or general partner. See North Carolina General Statutes 59-102
  • 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.
  • partnership agreement: includes any written or oral agreement, whether or not the agreement is set forth in a document referred to by the partners as a "partnership agreement" and includes any amendment agreed upon by the partners unanimously or in accordance with the terms of the agreement. See North Carolina General Statutes 59-102
  • Partnership interest: means a partner's share of the allocations of income, gain, loss, deduction or credit of a limited partnership and the right to receive distributions of cash or other partnership assets. See North Carolina General Statutes 59-102
  • Person: means a natural person, domestic or foreign partnership, domestic or foreign limited partnership, domestic or foreign limited liability company, trust, estate, unincorporated association, domestic or foreign corporation, domestic or foreign nonprofit corporation, or another entity. See North Carolina General Statutes 59-102
  • personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Principal office: means the office (in or out of this State) where the principal executive offices of a limited liability limited partnership or foreign limited partnership are located, in the case of a limited liability limited partnership as designated in its most recent annual report filed with the Secretary of State or, if no annual report has yet been filed, in its application for registration as a limited liability limited partnership, or in the case of a foreign limited partnership as most recently designated in its application for registration as a foreign limited partnership or a certificate filed pursuant to G. See North Carolina General Statutes 59-102
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Registered limited liability partnership: A partnership that is registered under G. See North Carolina General Statutes 59-32
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See North Carolina General Statutes 59-102
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3