State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

400U0140   SENATE ENGROSSED    NO.  HB 1163 -  02/27/2013  

Introduced by:    Representatives Lust, Cronin, Feinstein, Gosch, Johns, Mickelson, Stevens, and Westra and Senators Rave, Brown, Olson (Russell), and Tieszen
 

        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.