State of South Dakota
|
SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
592H0680 |
SENATE JUDICIARY COMMITTEE ENGROSSED
NO.
SB 169
-
01/28/2002
|
Introduced by:
Senators Daugaard and Volesky and Representatives Michels and McCaulley
|
FOR AN ACT ENTITLED, An Act to
amend the Uniform Limited Partnership Act to provide
limited liability limited partnerships.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 48-7 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 48-7 be amended by adding thereto a NEW SECTION to read as follows:
48-7-1106. (a) A limited partnership may become a limited liability limited partnership by:
(1) Obtaining approval of the terms and conditions of the limited partnership becoming
a limited liability limited partnership by the vote necessary to amend the limited
partnership agreement except, in the case of a limited partnership agreement that
expressly considers contribution obligations, the vote necessary to amend those
provisions;
(2) Filing a statement of qualification under
§
48-7A-1001(c) of the Uniform Partnership
Act; and
(3) Having as the last words or letters of its name the words "Registered Limited Liability
Limited Partnership," or the abbreviation "L.L.L.P.," or the designation "LLLP."
(b) A limited liability limited partnership continues to be the same entity that existed before
the filing of a statement of qualification under
§
48-7A-1001(c) of the Uniform Partnership Act.
(c) Sections 48-7A-306(c) and 48-7A-307(b) of the Uniform Partnership Act apply to both
general and limited partners of a limited liability limited partnership. Section 48-7-303 also
applies to limited partners.