48-7-103. Reservation of name.
The exclusive right to the use of a name may be reserved by:
(1)Any person intending to organize a limited partnership under this chapter and to adopt that name;
(2)Any domestic limited partnership or any foreign limited partnership registered in this state which, in either case, intends to adopt that name;
(3)Any foreign limited partnership intending to register in this state and adopt that name; and
(4)Any person intending to organize a foreign limited partnership and intending to have it registered in this state and adopt that name.
The reservation shall be made by filing with the secretary of state an application, executed by the applicant, to reserve a specified name. Delivery may be made by electronic transmission if and to the extent permitted by the Office of the Secretary of State. If the document is filed in typewritten or printed form and not transmitted electronically, the Office of the Secretary of State may require one exact or conformed copy to be delivered with the document. If the secretary of state finds that the name is available for use by a domestic or foreign limited partnership, he shall reserve the name for the exclusive use of the applicant for a period of one hundred twenty days. Once having so reserved a name, the same applicant may not again reserve the same name until more than sixty days after the expiration of the last one hundred twenty-day period for which that applicant reserved that name. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the Office of the Secretary of State a notice of the transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.
Source: SL 1986, ch 391, §103; SL 2012, ch 222, §18.
Structure South Dakota Codified Laws
Chapter 07 - Uniform Limited Partnership Act
Section 48-7-101 - Definitions.
Section 48-7-103 - Reservation of name.
Section 48-7-104 - Specified office and agent.
Section 48-7-105 - Records to be kept.
Section 48-7-106 - Nature of business.
Section 48-7-107 - Business transactions of partner with partnership.
Section 48-7-201 - Content and filing of certificate.
Section 48-7-202 - Amendment to certificate.
Section 48-7-203 - Cancellation of certificate.
Section 48-7-204 - Execution of certificates.
Section 48-7-205 - Execution by judicial act.
Section 48-7-206 - Filing in Office of Secretary of State.
Section 48-7-206.1 - Filing fee.
Section 48-7-206.2 - Effect of filing.
Section 48-7-207 - Liability for false statement in certificate.
Section 48-7-208 - Scope of notice.
Section 48-7-209 - Delivery of certificates to limited partners.
Section 48-7-210 - Filing exact copy of pre-1987 documents.
Section 48-7-301 - Admission of limited partners.
Section 48-7-303 - Liability to third persons.
Section 48-7-304 - Person erroneously believing himself limited partner.
Section 48-7-305 - Information.
Section 48-7-401 - Admission of additional general partners.
Section 48-7-402 - Events of withdrawal.
Section 48-7-403 - General powers and liabilities.
Section 48-7-404 - Contributions by general partner.
Section 48-7-406 - Restrictions on corporate general partner.
Section 48-7-407 - Registration of foreign corporate general partner.
Section 48-7-501 - Form of contribution.
Section 48-7-502 - Liability for contribution.
Section 48-7-503 - Sharing of profits and losses.
Section 48-7-504 - Sharing of distributions.
Section 48-7-601 - Interim distributions.
Section 48-7-602 - Withdrawal of general partner.
Section 48-7-603 - Withdrawal of limited partner.
Section 48-7-604 - Distribution upon withdrawal.
Section 48-7-605 - Distribution in kind.
Section 48-7-606 - Right to distribution.
Section 48-7-607 - Limitations on distribution.
Section 48-7-608 - Liability upon return of contribution.
Section 48-7-701 - Nature of partnership interest.
Section 48-7-702 - Assignment of partnership interest.
Section 48-7-703 - Rights of judgment creditor--Exclusive remedy.
Section 48-7-704 - Right of assignee to become limited partner.
Section 48-7-705 - Power of estate of deceased or incompetent partner.
Section 48-7-801 - Nonjudicial dissolution.
Section 48-7-802 - Judicial dissolution.
Section 48-7-803 - Winding up.
Section 48-7-804 - Distribution of assets.
Section 48-7-901 - Law governing.
Section 48-7-902 - Registration.
Section 48-7-903 - Issuance of registration.
Section 48-7-905 - Changes and amendments.
Section 48-7-906 - Cancellation of registration.
Section 48-7-907 - Transacting of business without registration.
Section 48-7-908 - Action by attorney general.
Section 48-7-1001 - Right of action.
Section 48-7-1002 - Proper plaintiff.
Section 48-7-1101 - Construction and application.
Section 48-7-1102 - Short title.
Section 48-7-1103 - Severability.
Section 48-7-1104 - Effective date, extended effective date, and repeal.
Section 48-7-1105 - Rules for cases not provided for in this chapter.