Kentucky Statutes 362.2-205 – Signing and filing by judicial act
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(1) If a person required by this subchapter to sign a record or deliver a record to the Secretary of State for filing fails or refuses to do so, then any other person that is aggrieved by the failure or refusal may petition the Circuit Court in which the limited partnership maintains its registered office to order:
(a) The person to sign the record or deliver the record to the Secretary of State for filing; or
(b) The Secretary of State to file the record unsigned.
(2) If the person aggrieved under subsection (1) of this section is not the limited partnership or foreign limited partnership to which the record pertains, then the aggrieved person shall make that limited partnership or foreign limited partnership a party to the action. A person aggrieved under subsection (1) of this section may seek in the alternative all remedies provided in subsection (1)(a) of this section in the same action.
(3) A record filed unsigned pursuant to this section is effective without being signed.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 149, sec. 109, effective July 12, 2006.
(a) The person to sign the record or deliver the record to the Secretary of State for filing; or
Terms Used In Kentucky Statutes 362.2-205
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Kentucky Statutes 362.2-102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 362.2-102
- State: means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 362.2-102
(b) The Secretary of State to file the record unsigned.
(2) If the person aggrieved under subsection (1) of this section is not the limited partnership or foreign limited partnership to which the record pertains, then the aggrieved person shall make that limited partnership or foreign limited partnership a party to the action. A person aggrieved under subsection (1) of this section may seek in the alternative all remedies provided in subsection (1)(a) of this section in the same action.
(3) A record filed unsigned pursuant to this section is effective without being signed.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 149, sec. 109, effective July 12, 2006.