Printable Format56-1a603. Effective date. (a) All domestic limited partnerships formed on or after January 1, 1984, shall be governed by the provisions of the Kansas revised uniform limited partnership act.
(b) Except as provided in subsections (c) and (d), all domestic limited partnerships formed prior to January 1, 1984, shall continue to be governed by the provisions of K.S.A. 56-122, 56-124 through 56-151 and K.S.A. 56-123 and 56-123b until January 1, 1986, at which time those limited partnerships shall be governed by the provisions of the Kansas revised uniform limited partnership act.
(c) Any domestic limited partnership formed prior to January 1, 1984, may elect to be governed by the provisions of the Kansas revised uniform limited partnership act before January 1, 1986, by filing with the secretary of state a certificate of limited partnership which complies with this act or a certificate of amendment which would cause its certificate of limited partnership to comply with the Kansas revised uniform limited partnership act and which specifically states that it is electing to be so bound.
(d) With respect to a domestic limited partnership formed prior to January 1, 1984, on or after January 1, 1986, the limited partnership need not file with the secretary of state a certificate of amendment which would cause its certificate of limited partnership to comply with the Kansas revised limited partnership act until the occurrence of an event which, under that act, requires the filing of a certificate of amendment except that the limited partnership shall file with the secretary of state a designation of registered office and resident agent in compliance with this act prior to or at the time the limited partnership files its 1986 annual report in compliance with K.S.A. 56-1a606.
(e) All foreign limited partnerships shall be governed by the provisions of the Kansas revised uniform limited partnership act.
(f) A foreign limited partnership registered prior to January 1, 1984, shall file with the secretary of state a registration application to comply with this act prior to or at the time the foreign limited partnership files its 1984 annual report in compliance with K.S.A. 56-1a607.
History: L. 1983, ch. 88, ยง 66; July 1.
Law Review and Bar Journal References:
"Up Squeeze-Out Merger Creek Without a Paddle: Life for Minority Interest Holders After Welch v. Via Christi Health Partners, Inc.," Francis J. Baalmann 56 K.L.R. 197 (2007).
CASE ANNOTATIONS
1. Applicability of restrictions on partnership admission in partnership agreement to involuntary transfers of partnership interests examined. Temple v. White Lakes Plaza Assocs., Ltd., 15 Kan. App. 2d 771, 777, 816 P.2d 399 (1991).