Filing Requirements

Section 166.40  Filing Requirements a)         All entities, other than natural persons, serving as partners in limited liability partnerships or foreign limited liability partnerships must provide evidence of existence upon request of the Secretary of State.  The evidence shall be provided in the formats set forth in this subsection (a).  All other entities not specifically addressed shall provide proof of existence in the manner prescribed by this subsection that most appropriately applies to their entity format. 1)         Corporations, limited liability companies, limited partnerships and limited liability partnerships serving as partners in limited liability partnerships or foreign limited liability partnerships shall provide either a Certificate of Existence or a Certificate of Good Standing duly authenticated by the proper officer from the state or country of domicile. 2)         General partnerships serving as partners in limited liability partnerships or foreign limited liability partnerships shall provide a statement of information that includes the names and addresses of all the partners, the state of formation, the date of formation, and the address of the records office.  The statement shall be sworn to, dated and executed by one of the general partners. 3)         Trusts serving as partners in limited liability partnerships shall provide evidence of existence, including the name of the trust, the date of its creation, the names of all trustees, the state of location of the trust, and that the trust is currently in full force and effect.  The statement shall be dated and executed by a trustee. 4)         Estates serving as partners in limited liability partnerships shall provide evidence of existence by a copy of the relevant court order, dated and executed. b)         When filing its statement of foreign qualification pursuant to UPA Section 1103, a foreign limited partnership shall submit an original certificate of existence or good standing issued within the preceding 30 days by its state of jurisdiction or formation. c)         Documents transmitted for filing electronically must include the name of the person making the submission.  The inclusion shall constitute the affirmation or acknowledgement of the person, under penalties of perjury, that the instrument is his or her act and deed or the act and deed of the limited liability partnership, as the case may be, and that the facts stated in the submission are true.  Compliance with this Section shall satisfy the signature requirements of UPA Section 105.