Iowa Code 489.1055 – Statement of domestication — effective date of domestication
Current as of: 2024 | Check for updates
|
Other versions
1. A statement of domestication must be signed by the domesticating limited liability company and delivered to the secretary of state for filing.
Terms Used In Iowa Code 489.1055
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Certificate of organization: means the certificate required by section 489. See Iowa Code 489.102
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Foreign limited liability company: means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited liability company if formed under the law of this state. See Iowa Code 489.102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisdiction of formation: means the jurisdiction whose law governs the internal affairs of an entity. See Iowa Code 489.102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 489.102
2. A statement of domestication must contain all of the following:
a. The name and jurisdiction of formation of the domesticating limited liability company.
b. The name and jurisdiction of formation of the domesticated limited liability company and the street and mailing addresses of an office of the domesticated limited liability company that the secretary of state may use for purposes of section 489.1056, subsection 5.
c. If the domesticating limited liability company is a domestic limited liability company, a statement that the plan of domestication was approved in accordance with this part or, if the domesticating limited liability company is a foreign limited liability company, a statement that the domestication was approved in accordance with the law of its jurisdiction of formation.
d. The certificate of organization of the domesticated limited liability company, as an attachment.
3. In addition to the requirements of subsection 2, a statement of domestication may contain any other provision not prohibited by law.
4. The certificate of organization of a domestic domesticated limited liability company must satisfy the requirements of this chapter, but the certificate does not need to be signed.
5. If the domesticated entity is a domestic limited liability company, the domestication becomes effective when the statement of domestication is effective. If the domesticated entity is a foreign limited liability company, the domestication becomes effective on the later of all of the following:
a. The date and time provided by the organic law of the domesticated entity.
b. When the statement is effective.