June 29, 2005, Introduced by Senators JELINEK, STAMAS, KUIPERS, SIKKEMA, HAMMERSTROM, McMANUS, GARCIA, GEORGE, CASSIS, CROPSEY, ALLEN, BIRKHOLZ, BROWN, HARDIMAN and GOSCHKA and referred to the Committee on Commerce and Labor.
A bill to amend 1982 PA 213, entitled
"Michigan revised uniform limited partnership act,"
by amending section 206 (MCL 449.1206), as amended by 1992 PA 110.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 206. (1) A document that a person is required or
permitted
to be filed file under this act shall
be filed by
delivering the document to the administrator together with the fees
and accompanying documents required by law. A person who executes a
certificate
as an attorney in fact, agent, or fiduciary need not
exhibit
is not required to provide evidence of his or her
authority as a prerequisite to filing. The administrator may
establish a procedure for accepting delivery of a document filed
under this subsection by facsimile. By February 1, 2006, the
administrator shall establish a procedure for accepting delivery of
a document filed under this subsection by electronic transmission.
Beginning February 1, 2006, a person may file a document under this
subsection by electronic transmission.
(2) If the a
document filed under subsection (1)
substantially conforms to the requirements of this act, the
administrator shall endorse upon it the word "filed" with his or
her official title and the dates of receipt and of filing, and
shall file and index the document or a reproduction of the document
pursuant
to the records media act in his or her office. If so
requested at the time of the delivery of the document to his or her
office, the administrator shall include the hour of filing in his
or her endorsement on the document.
(3) The administrator shall prepare and return either a true
copy
of the a
document filed under subsection (1) or
the
original, at his or her discretion, to the person who submitted it
for filing showing the filing date.
(4) The records and files of the administrator relating to
limited partnerships shall be open to reasonable inspection by the
public.
The administrator may maintain records or files may, at
the
discretion of the administrator, be maintained either
in their
original form or in the form of reproductions pursuant to the
records media
reproduction act,
1992 PA 116, MCL 24.401 to
24.406.
(5) The administrator may make reproductions of any documents
filed under this act, or any predecessor act, pursuant to the
records media
reproduction act,
1992 PA 116, MCL 24.401 to
24.406, and may destroy the originals of the reproduced documents.
so
reproduced.
(6) (2)
The A document
filed under subsection (1) is
effective at the time it is endorsed unless a subsequent effective
time, not later than 90 days after the date of delivery, is set
forth in the document.
(7) (3)
The administrator may , at his or her
discretion,
require
that a person file a document
required or permitted to be
filed
under this act be described
in subsection (1) on a form
prescribed by the administrator.