Amendment or restatement of certificate

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  1. (a) In order to amend its certificate of limited partnership, a limited partnership must deliver to the Secretary of State for filing an amendment or, pursuant to subchapter 11, articles of merger stating:

    1. (1) the name of the limited partnership;

    2. (2) the date of filing of its initial certificate; and

    3. (3) the changes the amendment makes to the certificate as most recently amended or restated.

  2. (b) A limited partnership shall promptly deliver to the Secretary of State for filing an amendment to a certificate of limited partnership to reflect:

    1. (1) the admission of a new general partner;

    2. (2) the dissociation of a person as a general partner; or

    3. (3) the appointment of a person to wind up the limited partnership's activities under § 4-47-803(c) or (d).

  3. (c) A general partner that knows that any information in a filed certificate of limited partnership was false when the certificate was filed or has become false due to changed circumstances shall promptly:

    1. (1) cause the certificate to be amended; or

    2. (2) if appropriate, deliver to the Secretary of State for filing a statement of correction pursuant to § 4-47-207 or § 4-20-108.

  4. (d) A certificate of limited partnership may be amended at any time for any other proper purpose as determined by the limited partnership.

  5. (e) A restated certificate of limited partnership may be delivered to the Secretary of State for filing in the same manner as an amendment.

  6. (f) Subject to § 4-47-206(c), an amendment or restated certificate is effective when filed by the Secretary of State.


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