Bill Text: NJ A2025 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires fee for filing or recording partnership's statement to be standard and not vary depending on number of partners.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A2025 Detail]
Download: New_Jersey-2020-A2025-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Requires fee for filing or recording partnership's statement to be standard and not vary depending on number of partners.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning partnerships and amending P.L.2000, c.161.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.2000, c.161 (C.42:1A-6) is amended to read as follows:
6. a. A statement may be filed in the office of the Division of Commercial Recording in the Department of the Treasury. A certified copy of a statement that is filed in an office in another state may be filed in the office of the Division of Commercial Recording in the Department of the Treasury. This statement may indicate the authority of one or more particular partners with respect to any matter or class of matters. In addition, either filing has the effect provided in this act with respect to partnership property located in or transactions that occur in this State.
b. A certified copy of a statement that has been filed in the office of the Division of Commercial Recording in the Department of the Treasury and recorded in the office of the county recording officer has the effect provided for recorded statements in this act. A recorded statement that is not a certified copy of a statement filed in the office of the Division of Commercial Recording in the Department of the Treasury does not have the effect provided for recorded statements in this act.
c. A statement filed by a partnership shall be executed by at least two partners. Other statements shall be executed by a partner or other person authorized by this act. An individual who executes a statement as, or on behalf of, a partner or other person named as a partner in a statement shall personally declare under penalty of perjury that the contents of the statement are accurate.
d. A person authorized by this act to file a statement may amend or cancel the statement by filing an amendment or cancellation that names the partnership, identifies the statement, and states the substance of the amendment or cancellation.
e. A person who files a statement pursuant to this section shall promptly send a copy of the statement to every nonfiling partner and to any other person named as a partner in the statement. Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of the statement as to a person not a partner.
f. The Division of
Commercial Recording in the Department of the Treasury may collect a fee for
filing or providing a certified copy of a statement. The county recording
officer may collect a fee for recording a statement. A fee charged by the
division or any county recording officer for the filing or recording of a
statement shall be a standard fee per partnership, and shall not vary depending
on the number of partners in the partnership.
(cf: P.L.2000, c.161, s.6.)
2. This act shall take effect on the 60th day next following enactment.
STATEMENT
This bill requires that a fee charged by the Division of Commercial Recording in the Department of the Treasury or any county recording officer for the filing or recording of a partnership's statement, must be a standard fee per partnership, that may not vary depending on the number of partners in the partnership.
