§425D-203.6 Cancellation of registration. (a) The director may commence a proceeding to cancel the certificate of a limited partnership if the partnership fails to:
(1) Pay any fees prescribed by law;
(2) File its annual statement for a period of two years;
(3) Appoint and maintain an agent for service of process as required; or
(4) File a statement of a change in the name or business address of the agent as required.
The cancellation of the certificate shall not relieve the general partners of liability for the penalties for the failure to file any statement or certificate required by this chapter.
(b) Within two years after the involuntary cancellation of a certificate of limited partnership under this section, the certificate of limited partnership may be reinstated by the director upon written application executed by any general partner of the limited partnership. The application shall:
(1) Recite the name of the limited partnership and the effective date of its involuntary cancellation;
(2) State that all delinquent annual statements have been filed and that all delinquent fees, penalties, assessments, and costs have been paid; and
(3) Contain a certificate from the department of taxation reciting that all taxes owed by the limited partnership have been paid.
(c) Within the applicable reinstatement period, should the name of the limited partnership, or a name substantially identical thereto, be registered or reserved by another corporation, partnership, limited liability company, or limited liability partnership, or should such name or a name substantially identical thereto be registered as a trade name, trademark, or service mark, then reinstatement shall be allowed only upon the registration of a new name by the limited partnership pursuant to the amendment provisions of this chapter.
(d) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the involuntary cancellation and the limited partnership may resume its business as if the involuntary cancellation had never occurred. [L 1989, c 288, pt of §1; am L 1995, c 198, §9; am L 1996, c 92, §15; am L 1999, c 249, §29; am L 2002, c 130, §97; am L 2003, c 124, §61]