§425-154 - Amending and restating, amending, and restating the statement of qualification; voluntary cancellation. - Hawaii Statutes

     §425-154  Amending and restating, amending, and restating the statement of qualification; voluntary cancellation.  (a)  A statement of qualification may be amended and restated at any time for any proper purpose determined by the partners.  The amended and restated statement of qualification shall set forth:

     (1)  All of the operative provisions of the statement of qualification as previously amended; and

     (2)  A statement that the amended and restated statement of qualification supersedes the original statement of qualification and all amendments thereto.

The amended and restated statement of qualification shall be delivered to the director for filing.  The director may certify the amended and restated statement of qualification as the statement of qualification currently in effect, without including the information required to be filed by paragraph (2).

     (b)  A statement of qualification shall be amended by delivering a statement of amendment of limited liability partnership to the director for filing.  The statement of amendment shall set forth:

     (1)  The name of the limited liability partnership;

     (2)  The date on which the limited liability partnership's statement of qualification was filed; and

     (3)  The amendment to the statement of qualification.

     (c)  A restated statement of qualification may be executed and filed in the same manner as a statement of amendment.  The restated statement of qualification shall set forth all of the operative provisions of the statement of qualification as previously amended, together with a statement that the restated statement of qualification correctly sets forth without change the corresponding provisions of the statement of qualification as previously amended, and that the restated statement of qualification supersedes the original statement of qualification and all amendments thereto.  The director may certify the restated statement of qualification currently in effect, without including the information required to be set forth in the restatement by this subsection.

     (d)  An amended, restated, or amended and restated statement of qualification shall be effective when filed.

     (e)  A limited liability partnership validly created under this chapter may voluntarily cancel its limited liability status with an amendment to a statement of qualification. [L 2000, c 218, pt of §1; am L 2001, c 241, §2; am L 2002, c 130, §87; am L 2003, c 124, §52]