(1) A limited partnership that the Secretary of State administratively inactivated under ORS § 70.430 may apply to the Secretary of State for reinstatement within five years from the date of inactivation. The application must:

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Terms Used In Oregon Statutes 70.440

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.

(a) State the name of the limited partnership and effective date of the limited partnership’s administrative inactivation; and

(b) State that the ground or grounds for inactivation either did not exist or have been eliminated.

(2) If the Secretary of State determines that the application contains the information required by subsection (1) of this section, that the information is correct and that the limited partnership’s name satisfies the requirements of ORS § 70.010, the Secretary of State shall reinstate the limited partnership.

(3) When effective, the reinstatement relates back to and takes effect as of the effective date of the administrative inactivation and the limited partnership is considered to resume carrying on the limited partnership’s business as if the administrative inactivation had never occurred.

(4) The Secretary of State may waive the requirement under subsection (1) of this section that the limited partnership apply for reinstatement within five years after the date of administrative inactivation if the limited partnership requests the waiver and provides evidence of the limited partnership’s continued existence as an active concern during the period of administrative inactivation. [1995 c.215 § 20; 2011 c.147 § 22]

 

[1985 c.677 § 61; renumbered 70.600 in 1999]

 

[1985 c.677 § 62; renumbered 70.605 in 1999]

 

[1985 c.677 § 62a; 1987 c.543 § 32; 1987 c.843 § 23; 1991 c.132 § 10; 1993 c.190 § 11; 1995 c.215 § 21; renumbered 70.610 in 1999]

 

[1985 c.677 § 63; 1997 c.775 § 89; 1999 c.86 § 19; renumbered 70.615 in 1999]

 

[1987 c.543 § 9b; renumbered 70.620 in 1999]

 

[1985 c.677 § 1; renumbered 70.625 in 1999]

 

CONVERSIONS AND MERGERS