|
statements should be indexed by partnership name, not by the names | of the individual partners. |
|
| | Partnerships transacting business in more than one State will | want to file copies of statements in each State because | subsection (a) limits the legal effect of filed statements to | property located or transactions occurring within the State. The | filing of a certified copy of a statement originally filed in | another State is permitted, and indeed encouraged, in order to | avoid inconsistencies between statements filed in different | States. |
|
| | 3. Subsection (b), in effect, mandates the use of certified | copies of filed statements for local recording in the real estate | records by limiting the legal effect of recorded statements under | the Act to those copies. The reason for recording only certified | copies of filed statements is to eliminate the possibility of | inconsistencies affecting the title to real property. |
|
| | Subsection (c) requires that statements filed on behalf of a | partnership, that is, the entity, be executed by at least two | partners. Individual partners and other persons authorized by | the Act to file a statement may execute it on their own behalf. | To protect the partners and the partnership from unauthorized or | improper filings, an individual who executes a statement as a | partner must personally declare under penalty of perjury that the | statement is accurate. |
|
| | The amendment or cancellation of statements is authorized by | subsection (d). |
|
| | As a further safeguard against inaccurate or unauthorized | filings, subsection (e) requires that a copy of every statement | filed be sent to each partner, although the failure to do so does | not limit the effectiveness of the statement. This requirement | may, however, be eliminated in the partnership agreement. See | Section 103(b)(1). Partners may also file a statement of denial | under Section 304. |
|
| | 4. A filed statement may be amended or canceled by any person | authorized by the Act to file an original statement. The | amendment or cancellation must state the name of the partnership | so that it can be properly indexed and found, identify the | statement being amended or canceled, and the substance of the | amendment or cancellation. An amendment generally has the same | operative effect as an original statement. A cancellation of | extraordinary authority terminates that authority. A | cancellation of a limitation on authority revives a previous | grant of authority. See Section 303(d). The subsequent filing | of a statement similar in kind to a statement already of record |
|
|