State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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400U0140
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SENATE ENGROSSED NO. HB 1163 - 02/27/2013
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Introduced by: Representatives Lust, Cronin, Feinstein, Gosch, Johns, Mickelson, Stevens,
and Westra and Senators Rave, Brown, Olson (Russell), and Tieszen
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FOR AN ACT ENTITLED, An Act to revise certain provisions related to the filing of the
certificate of limited partnerships.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 48-7-206 be amended to read as follows:
48-7-206. An The original and one exact or conforming copy of a certificate of limited
partnership or of any certificate of amendment or cancellation, or of any judicial decree of
amendment or cancellation, shall be delivered to the secretary of state. A person who executes
a certificate as an agent or fiduciary need not exhibit evidence of his the person's authority as
a prerequisite to filing. Unless the secretary of state finds that any certificate does not conform
to law, upon receipt of all filing fees required by law he the secretary of state shall:
(1) Endorse on the original and the copy the word, "Filed", and the day, month, and year
of the filing thereof; and
(2) File the original in his the office; and
(3) Return the a copy to the person who filed it or his the person's representative.
Upon the filing of a certificate of amendment or judicial decree of amendment in the Office
of the Secretary of State, the certificate of limited partnership shall be is amended as set forth
therein, and upon provided in the certificate. Upon the effective date of a certificate of
cancellation, or a judicial decree thereof, the certificate of limited partnership is cancelled.
Delivery of a certificate may be filed by electronic transmission as permitted by the Office
of the Secretary of State. If the certificate is filed in a typewritten or printed form and not
transmitted electronically, the Office of the Secretary of State may require one exact or
conforming copy of the certificate to be delivered with the original certificate.