Legal Question in Business Law in California

Corporations

Are general partnerships required to file general partnership statements with the Secreatary of State?


Asked on 11/29/04, 4:24 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Corporations

No statement has to be filed. Natually tax returns have to be filed for both State and Federal. We would be happy to review your agreement to see if all important aspects have been followed.

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Answered on 11/30/04, 10:00 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Corporations

It would be advisable for you and your partner(s) to consult with an attorney to determine which form of business would be most advantageous and fitting to your particular business. Call me directly at (619) 222-3504.

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Answered on 11/30/04, 2:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Corporations

No.

A general partnership is required to file a fictitious business statement if it conducts business under a fictitious name.

A general partnership may, if it chooses, file one or more of seven statements with the Secretary of State per Corporations Code section 16105:

1. Statement of Partnership Authority;

2. Statement of Denial of Partnership Authority;

3. Statement of Dissociation;

4. Statement of Dissolution;

5. Statement of Conversion;

6. Statement/Certificate of Merger; and

7. Statement of Amendment/Cancellation.

Although statement filings are not mandatory, parties dealing with the partnership (such as lenders) may insist that the partnership file such statements as a matter of protection.

See also Corporations Code section 16303.

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Answered on 11/29/04, 8:37 pm


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