Limited Liability Partnership Legislative Summary: 2007

(Full texts of all bills adopted by the Sixtieth Legislative Assembly are available on the Secretary of State's website at www.nd.gov/sos/ under the lobbying and legislative link located in the left side menu)

House Bill 1241: (effective July 1, 2007) All Business Entities

Amended numerous sections of law related to various business entity chapters, including the Limited Liability Partnership provisions in Chapter 45-22 of the North Dakota Century Code. These are:

• N.D.C.C. § 45-22-01, subsection 24, changed the definition of "signed"
• N.D.C.C. § 45-22-22, subsection 2, reduced the fee for a certificate certifying a copy or reciting facts from $20 to $15

Senate Bill 2153: (effective July 1, 2008) Registered Agents

• Removed specific registered agent provisions from Chapter 45-22 (Limited Liability Partnerships) and consolidated them into a new chapter, 10-01.1, of the Century Code titled the North Dakota Registered Agents Act
• Allowed registered agents to represent their clients in the same manner as they do under current law
• Allowed for the optional registration of a commercial registered agent serving as a registered agent for numerous entities in North Dakota. When doing so, the name and address of the commercial registered agent is consistently on record for all entities represented by them. If the commercial registered agent moves or undergoes a change of name, a single filing of that change will update the registered agent records for all of the clients they represent.
• Established the duties of a registered agent
• Enabled entities without a registration requirement with the Secretary of State to voluntarily name a registered agent and establish a public record with the Secretary of State. Examples of these entities are trusts or unincorporated nonprofit organizations
• Eliminated the filing requirement of the consent of registered agent