RSA 304-B:13 · Filing in Office of Secretary of State

304-B:13 Filing in Office of Secretary of State. –

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I.

One original and one exact or conformed copy of the certificate of limited partnership and of any certificates of amendment or cancellation (or of any judicial decree of amendment or cancellation) and of any certificate of merger or certificate of conversion shall be delivered to the secretary of state. Documents filed electronically need not be filed in duplicate. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of 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 the secretary of state shall:

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(a)

Endorse on each copy the word "filed" and the day, month, and year of the filing thereof;

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(b)

File the original in the secretary of state's office; and

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(c)

Return the exact or conformed copy to the person who filed it or the person's representative.

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II.

Upon the effective date and time 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 amended as set forth therein, and upon the effective date and time of a certificate of cancellation (or a judicial decree thereof), the certificate of limited partnership is cancelled.

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III.

Except as provided in paragraph IV, a document accepted for filing is effective:

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(a)

At the close of business on the date it is filed, as evidenced by the secretary of state's date endorsement of the original document; or

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(b)

At the time specified in the document as its effective time on the date it is filed; or

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(c)

Upon the date and time of acceptance by the secretary of state corporate database and application, if filed electronically.

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IV.

A document filed in the office of the secretary of state may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective as of the close of business on that date. A delayed effective date for a document shall not be later than the ninetieth day after the date it is filed. Source. 1987, 349:1. 1997, 120:13. 2004, 248:39. 2006, 316:12, eff. July 1, 2006.

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