Current through 2024 Legislative Session Act Chapter 476
Section 17-1104 - Effective date and extended effective date(a) All limited partnerships formed on or after January 1, 1983, the "effective date," shall be governed by this chapter.(b) Except as provided in subsections (e) and (f) of this section, all limited partnerships formed on or after July 1, 1973, and prior to the effective date, under Chapter 17 of this title as hereby repealed, shall continue to be governed by that chapter until January 1, 1985, the "extended effective date," at which time such limited partnerships shall be governed by this chapter.(c) Except as provided in subsection (e) of this section, a limited partnership formed prior to July 1, 1973, shall continue to be governed by Chapter 17 of this title in effect prior to the adoption of Chapter 17 of this title as hereby repealed, except that such limited partnership shall not be renewed except under this chapter.(d) Except as provided in subsection (e) of this section, subchapter IX of this chapter, dealing with foreign limited partnerships, is not effective until the extended effective date.(e) Any limited partnership formed prior to the effective date, and any foreign limited partnership, may elect to be governed by this chapter before the extended effective date by filing with the Secretary of State a certificate of limited partnership or an application for registration as a foreign limited partnership which complies with this chapter or a certificate of amendment which would cause its certificate of limited partnership to comply with this chapter and which specifically states that it is electing to be so bound.(f) With respect to a limited partnership formed on or after July 1, 1973, and prior to the effective date: (1) On and after the extended effective date, such limited partnership need not file with the Secretary of State a certificate of amendment which would cause its certificate of limited partnership to comply with this chapter until the occurrence of an event which, under this chapter, requires the filing of a certificate of amendment;(2) Sections 17-501 and 17-502 of this title shall apply only to contributions and distributions made after the effective date; and (3) Section 17-704 of this title shall apply only to assignments made after the effective date.6 Del. C. 1953, § 1731; 59 Del. Laws, c. 105, § 1; 63 Del. Laws, c. 420, §1; 65 Del. Laws, c. 188, §1; 66 Del. Laws, c. 316, §66.;