Note: This version of section effective until 1-1-2018. See also following repeal of this chapter, effective 1-1-2018.
- (1) includes the words "limited partnership" or the abbreviation "L.P."; and
- (2) could be registered by a domestic limited partnership.
(b) A foreign limited partnership may apply to the secretary of state to use a name that is not distinguishable upon the secretary of state's records from one (1) or more of the names described in subsection (a). The secretary of state shall authorize use of the name applied for if:
- (1) the other domestic or foreign limited partnership files its written consent to the use of its name, signed by any current general partner of the other limited partnership and verified subject to the penalties for perjury; or
- (2) the applicant delivers to the secretary of state a certified copy of a final court judgment establishing the applicant's right to use the name applied for in Indiana.
(c) Each foreign limited partnership shall have and maintain:
- (1) an office, which may be (but need not be) a place of its business in Indiana; and
(2) a registered agent whose business address is in Indiana for service of process on the foreign limited partnership, which may be:
- (A) an individual resident of Indiana; or
- (B) a domestic corporation or a foreign corporation authorized to transact business in Indiana.
(d) Each foreign limited partnership that qualifies after June 30, 2014, to do business in Indiana shall file with the secretary of state:
- (1) the registered agent's written consent; or
- (2) a representation that the registered agent has consented.
(e) Each foreign limited partnership qualified to do business in Indiana shall provide to the foreign limited partnership's registered agent, and update from time to time as necessary, the name, business address, and business telephone number of a natural person who is:
- (1) an officer, a director, an employee, or a designated agent of the foreign limited partnership; and
(2) authorized to receive communications from the registered agent.
The natural person is considered to be the communications contact for the foreign limited partnership.
- (f) A registered agent shall retain, in paper or electronic form, the information provided by a foreign limited partnership under subsection (e).
- (g) If a foreign limited partnership fails to provide the registered agent with the information required under subsection (e), the registered agent may resign, as provided in subsection (j), as the registered agent for the foreign limited partnership.
(h) A foreign limited partnership may change its registered agent by delivering to the secretary of state for filing a statement containing the following:
- (1) The name of the foreign limited partnership.
- (2) The name of its current registered agent.
- (3) The name and business address of the new registered agent and the new agent's consent to the appointment (either on the statement or attached to it).
- (i) If a registered agent changes the address of the registered agent's business office, the registered agent must notify the foreign limited partnership in writing of the change, and sign and deliver to the secretary of state for filing a statement that complies with the requirements of subsection (h) and recites that the foreign limited partnership has been notified of the change.
- (j) A registered agent may resign the agency appointment by signing and delivering to the secretary of state for filing the signed original statement of resignation. After filing the statement, the secretary of state shall mail one (1) copy to the partnership at the office referred to in subsection (c)(1). The agency appointment is terminated on the thirty-first day after the date on which the statement was filed.
Sec. 4. (a) Except as provided in subsection (b), a foreign limited partnership may register with the secretary of state under any name (whether or not it is the name under which it is registered in the jurisdiction of its organization) that:
As added by P.L.147-1988, SEC.1. Amended by P.L.63-2014, SEC.16; P.L.119-2015, SEC.46.