48-7-1104. Effective date, extended effective date, and repeal.
Except as set forth below, the effective date of this chapter is July 1, 1986, and the Uniform Limited Partnership Act being §§48-6-1 to 48-6-64, inclusive, are hereby repealed:
(1)The existing provisions for execution and filing of certificates of limited partnerships and amendments thereunder and cancellations thereof continue in effect until July 1, 1987, the extended effective date, §§48-7-102 to 48-7-105, inclusive, 48-7-201 to 48-7-204, inclusive, and 48-7-206 are not effective until the extended effective date;
(2)Section 48-7-402, specifying the conditions under which a general partner ceases to be a member of a limited partnership, is not effective until the extended effective date, and the applicable provisions of existing law continue to govern until the extended effective date;
(3)Sections 48-7-501, 48-7-502, and 48-7-608 apply only to contributions and distributions made after the effective date of this chapter;
(4)Section 48-7-704 applies only to assignments made after the effective date of this chapter;
(5)Sections 48-7-901 to 48-7-908, inclusive, dealing with registration of foreign limited partnerships, are not effective until the extended effective date;
(6)Unless agreed otherwise by the partners, the applicable provisions of existing law governing allocation of profits and losses, rather than the provisions of §48-7-503, distributions to a withdrawing partner, rather than the provisions of §48-7-604, and distribution of assets upon the winding up of a limited partnership, rather than the provisions of §48-7-804, shall govern limited partnerships formed before the effective date of this chapter;
(7)The repeal of any statutory provision by this chapter does not impair, or otherwise affect, the organization or the continued existence of a limited partnership existing at the effective date of this chapter, nor does the repeal of any existing statutory provision by this chapter impair any contract or affect any right accrued before the effective date of this chapter.
Source: SL 1986, ch 391, §1104.
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.