Rule 590-7-16-.03 - Foreign Limited Partnerships(1)Withdrawal.(a) Each foreign limited partnership must file an application for a certificate of withdrawal in order to terminate its authority to transact business in this state.(b) At the time of the filing of the application for a certificate of withdrawal, the foreign limited partnership must be in compliance with the filing requirements of the Code and all fees and penalties must be paid, including the annual registration due the calendar year of withdrawal.(c) A certificate of withdrawal shall be issued by the Secretary of State if he or she finds the filing to contain the necessary information and documents.(d) The automated database shall be marked to reflect the withdrawal, and the certificate of withdrawal and application shall be filed with other documents relating to the foreign limited partnership.(2)Inactive Status. The Secretary of State may place a foreign limited partnership on inactive filing status if a foreign 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 foreign limited partnership to be reinstated to active status on the records for 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 foreign limited partnership is no longer available, the foreign limited partnership must change its name in accordance with the Code and must file an amendment to its Certificate of Authority changing its name before the foreign limited partnership shall be restored to active status.Ga. Comp. R. & Regs. R. 590-7-16-.03
O.C.G.A. §§ 14-5-23, 14-9-1102, 14-9-1103.
Original Rule entitled "Foreign 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Repealed: New Rule same title, adopted F. Jul. 1, 1993; eff.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.