Rule 590-7-16-.02 - Domestic Limited Partnerships(1)Voluntary Cancellation.(a) Each limited partnership must file a certificate of cancellation with the Secretary of State. Said certificate shall be marked with the time and date of receipt and a copy of said certificate shall be returned to the limited partnership.(b) At the time of the filing of the certificate of cancellation, the limited partnership must be in compliance with the filing requirements of the Code and all fees and penalties must be paid.(c) The certificate of cancellation shall be in the form prescribed by the Code.(d) A certificate shall be issued by the Secretary of State if he or she finds the filing to contain the necessary information and documents.(e) The automated database shall be marked to reflect the cancellation, and the certificate of cancellation shall be filed with other documents relating to the limited partnership.(2)Inactive Status. The Secretary of State may place a domestic limited partnership on inactive filing status if the domestic limited partnership fails to file its annual registration for three (3) consecutive years. The name of a limited partnership placed on inactive filing status shall become available for registration and/or for reservation pursuant to O.C.G.A. Section 14-9-103.(3)Reactivation from Inactive Status. In order for a domestic limited partnership to be reinstated to active status on the records of the Secretary of State, an annual registration form must be filed and all back fees and penalties accrued under the Code must be paid. If the name of the limited partnership is no longer available, the domestic limited partnership must change its name in accordance with the Code and must file an amendment to its Certificate of Limited Partnership changing its name before the limited partnership shall be restored to active status.Ga. Comp. R. & Regs. R. 590-7-16-.02
O.C.G.A. §§ 14-5-23, 14-9-1102, 14-9-1103.
Original Rule entitled "Domestic Limited Partnership" was filed on June 10, 1988; effective July 1, 1988, as specified by the Agency.Repealed: New Rule same title, adopted F. Jul. 1, 1993; eff. July 21, 1993.Note: Subsequent ER adoptions of Rule filed by Agency; see "Admin. Hist." Amended: F. Nov. 26, 2018; eff. Dec. 16, 2018.