South Dakota Codified Laws 48-7-204. Execution of certificates
Each certificate required by this chapter to be filed in the Office of the Secretary of State shall be executed in the following manner:
(1) An original certificate of limited partnership shall be signed by all general partners;
Terms Used In South Dakota Codified Laws 48-7-204
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) A certificate of amendment shall be signed by at least one general partner and by each other general partner designated in the certificate as a new general partner; and
(3) A certificate of cancellation shall be signed by all general partners.
Any person may sign a certificate by an attorney–in–fact, but a power of attorney to sign a certificate relating to the admission of a general partner shall specifically describe the admission.
The execution of a certificate by a general partner constitutes an affirmation under the penalties of perjury that the facts stated therein are true.
Source: SL 1986, ch 391, § 204.