Section 121-1507. Definitions


Latest version.
  • For purposes of this article:
        (a) "Partnership interest" means: (i) a partner's share of the profits
      and  losses  of a registered limited liability partnership; and (ii) the
      partner's  right  to  receive  distributions  of  a  registered  limited
      liability partnership.
        (b)  "Affidavit  of publication" means the affidavit of the printer or
      publisher of a newspaper in which a publication  required  to  be  filed
      pursuant  to  sections  121-1500  and  121-1502 of this article has been
      made. The affidavit of publication shall be in a form  substantially  as
      follows:
        "Affidavit  of  Publication Under Section (specify applicable section)
      of the Partnership Law State of New York, County of ________, ss.:
        The undersigned is the printer (or publisher) of ______________  (name
      of  newspaper),  a  _________  (daily  or weekly) newspaper published in
      ________________, New York. A notice regarding _______________ (name  of
      limited  liability  partnership) was published in said newspaper once in
      each week for six successive weeks, commencing on __________ and  ending
      on ________. The text of the notice as published in said newspaper is as
      set  forth  below,  or  in  the annexed exhibit. This newspaper has been
      designated by the Clerk of ________ County for this purpose.
                                              __________________(signature)
                                              _______________(printed name),
                                              (jurat)"
        The text of the notice set forth in or annexed to  each  affidavit  of
      publication  shall:  (i)  include only the text of the published notice,
      (ii) be free of extraneous marks, and (iii) if submitted in paper  form,
      be  printed  on paper of such size, weight and color, and in ink of such
      color, and in such fonts, and be in such other qualities  and  form  not
      inconsistent  with any other provision of law as, in the judgment of the
      secretary of state, will not impair the ability  of  the  department  of
      state  to  include  a legible and permanent copy thereof in its official
      records. Nothing in this subdivision shall be construed as requiring the
      department of state  to  accept  for  filing  a  document  submitted  in
      electronic form.
        (c)  "Certificate  of  publication"  means  a certificate presented on
      behalf of the applicable limited liability partnership to the department
      of state together with the affidavits of publication pursuant to section
      121-1500 or 121-1502 of this article.  The  certificate  of  publication
      shall be in a form substantially as follows:
        "Certificate  of  Publication  of ______ (name of limited partnership)
      Under Section   (specify applicable section) of the Partnership Law
        The undersigned is the  _________  (title)  of  ___________  (name  of
      limited  liability  partnership). The published notices described in the
      annexed  affidavits  of  publication  contain  all  of  the  information
      required  by  the  above-mentioned  section  of the partnership law. The
      newspapers described in  such  affidavits  of  publication  satisfy  the
      requirements  set  forth in the partnership law and the designation made
      by the county clerk. I certify the foregoing statements to be true under
      penalties of perjury.
                                              Date
                                              Signature
                                              Printed Name"