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(805
ILCS 210/Art. 12 heading)
(Article
scheduled to be repealed on January 1, 2008)
ARTICLE 12
Miscellaneous
(Source: P.A. 93-967, eff.
1-1-05. Repealed on 1-1-2008 by 805
ILCS 215/1401.)
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(805
ILCS 210/1201) (from Ch. 106 1/2, par. 162-1)
(Section
scheduled to be repealed on January 1, 2008)
Sec.
1201. Construction and Application. This Act shall be so applied
and construed to effectuate its general purpose to make uniform
the law with respect to the subject of this Act among states
enacting it.
(Source: P.A.
84-1412; 93-967, eff. 1-1-05. Repealed
on 1-1-2008 by 805 ILCS 215/1401.)
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(805
ILCS 210/1202) (from Ch. 106 1/2, par. 162-2)
(Section
scheduled to be repealed on January 1, 2008)
Sec.
1202. Judicial Review under the Administrative Review Law.
(a)
If the Secretary of State shall fail to approve documents as
conforming to the law and file any document required by this
Act to be approved by the Secretary of State before the same
shall be filed in his or her business office, the Secretary shall,
within 10 business days after the delivery thereof to him or
her, give written notice of his or her disapproval to the person
or partnership delivering the same, specifying the reasons therefor.
The decision of the Secretary of State is subject to judicial
review under the Administrative Review Law, as now or hereafter
amended.
(b)
Appeals may be taken from all final orders and judgments entered
by the circuit court under this Section in review of any ruling
or decision of the Secretary of State as in other civil actions
by either party to the proceeding.
(Source: P.A.
84-1412; 93-967, eff. 1-1-05. Repealed
on 1-1-2008 by 805 ILCS 215/1401.)
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(805
ILCS 210/1203) (from Ch. 106 1/2, par. 162-3)
(Section
scheduled to be repealed on January 1, 2008)
Sec.
1203. Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein
as if all of the provisions of that Act were included in this
Act, except that the provision of subsection (d) of Section 10-65
of the Illinois Administrative Procedure Act that provides that
at hearing the licensee has the right to show compliance with
all lawful requirements for retention, continuation or renewal
of the license is specifically excluded. For the purposes of
this Act the notice required under Section 10-25 of the
Illinois Administrative Procedure Act is deemed sufficient when
mailed to the last known address of a party.
(Source: P.A.
88-45; 93-967, eff. 1-1-05. Repealed
on 1-1-2008 by 805 ILCS 215/1401.)
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(805
ILCS 210/1204) (from Ch. 106 1/2, par. 162-4)
(Section
scheduled to be repealed on January 1, 2008)
Sec.
1204. Rules for Cases Not Provided for in this Act. Before January
1, 2008, in any case not provided for in this Act the provisions
of the Uniform Partnership Act govern if that Act is otherwise
applicable as provided in Section 90 of that Act. After December
31, 2002, in any case not provided for in this Act, the provisions
of the Uniform Partnership Act (1997) govern if that Act is otherwise
applicable as provided in Section 1206 of that Act.
(Source: P.A.
92-740, eff. 1-1-03; 93-967, eff. 1-1-05.
Repealed on 1-1-2008 by 805 ILCS 215/1401.)
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(805
ILCS 210/1205) (from Ch. 106 1/2, par. 162-5)
(Section
scheduled to be repealed on January 1, 2008)
Sec.
1205. Applicability of Act.
(a)
For purposes of this Act, "preexisting limited partnership" means
any limited partnership formed prior to July 1, 1987, under the "Uniform
Limited Partnership Act", filed June 28, 1917, as amended.
(b)
All limited partnerships formed on or after July 1, 1987 shall
be governed by this Act. All foreign limited partnerships shall
be governed by this Act from and after July 1, 1987.
(c)
Except as provided in subsections (d) and (e), all preexisting
limited partnerships shall continue to be governed by the provisions
of the Uniform Limited Partnership Act until January 1, 1990,
at which time all preexisting limited partnerships which had
not theretofore become governed by this Act as provided in subsections
(d) and (e) shall be governed by this Act except to the extent
provided otherwise in subsection (f).
(d)
All preexisting limited partnerships shall be governed by this
Act before January 1, 1990 by filing with the Office of the Secretary
of State a certificate to be governed by this Act, which shall
include all of the information required by Section 201 to be
included in a certificate of limited partnership, shall specifically
state that such preexisting limited partnership shall be governed
by this Act, shall be effective at the time such certificate
is filed in the Office of the Secretary of State, and shall serve
as the equivalent to and substitute for the certificates of limited
partnership.
(e)
After July 1, 1987, no amendment or restatement of any certificate
of limited partnership of any preexisting limited partnership
shall be filed with, or accepted by, any county Recorder, unless
such amendment or restatement has been filed with the Office
of the Secretary of State in accordance with Section 206 of this
Act. The first amendment or restatement of the certificate of
limited partnership of a preexisting limited partnership made
or filed after July 1, 1987 shall be preceded by the filing of
a certificate to be governed by this Act pursuant to subsection
(d).
(f)
With respect to any preexisting limited partnership:
(1)
Sections 501, 502 and 608 shall apply only to
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contributions
and distributions made after the time such preexisting
limited partnership becomes governed by this Act,
and notwithstanding any repeal provisions of this
Act, the provisions of the Uniform Limited Partnership
Act shall continue to apply to contributions and
distributions made before that time; and
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(2)
Section 704 shall apply only to assignments made
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after
the time such preexisting limited partnership becomes
governed by this Act, and notwithstanding any repeal
provisions of this Act, the provisions of the Uniform
Limited Partnership Act shall continue to apply to
assignments made before that time.
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(g)
The certificate to be governed by this Act shall, in addition
to setting forth the information specified in Section 201(a)
and any other information required to be set forth therein
by any provision of this Section:
(1)
identify the county recorder's office in which was filed such preexisting
limited partnership's original certificate of limited partnership;
and
(2)
state the date of recordation, and the document number or book
and page number, of such original certificate of limited partnership.
(h)
Preexisting limited partnerships shall file certificates to be
governed by this Act in the following manner:
(1)
All preexisting limited partnerships whose names
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begin
with the letters A, B, C, D, E or F shall file their
certificates to be governed by this Act on or before July
1, 1988.
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(2)
All preexisting limited partnerships whose names
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begin
with the letters G, H, I, J, K, L or M shall file
their certificates to be governed by this Act on
or before January
1, 1989.
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(3)
All preexisting limited partnerships whose names
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begin
with the letters N, O, P, Q, R or S shall file their
certificates to be governed by this Act on or before July
1, 1989.
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(4)
All preexisting limited partnerships whose names
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begin
with the letters T, U, V, W, X, Y or Z shall file
their certificates to be governed by this Act before January
1, 1990.
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(i)
If a limited partnership's name begins with a numeral or
another nonalphabetical symbol, the first letter of the English
alphabet in the name will determine when the limited partnership
shall file its certificate to be governed by this Act, as
set forth in subsection (h).
(j)
Any limited partnership which files a certificate to be governed
by this Act after the time specified in subsection (h) shall pay
an additional penalty of $100 upon the filing of that certificate.
(Source: P.A.
85-403; 93-967, eff. 1-1-05. Repealed on
1-1-2008 by 805 ILCS 215/1401.)
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