8579 - Certificate of division.
§ 8579. Certificate of division. (a) Contents.--Upon the adoption of a plan of division by the limited partnership desiring to divide, as provided in this subchapter, a certificate of division shall be executed by the limited partnership and shall, subject to section 109 (relating to name of commercial registered office provider in lieu of registered address), set forth: (1) The name and the location of the registered office, including street and number, if any, of the dividing domestic limited partnership or, in the case of a dividing foreign limited partnership, the name of the limited partnership and the jurisdiction in which it is organized, together with either: (i) If a qualified foreign limited partnership, the address, including street and number, if any, of its registered office in this Commonwealth. (ii) If a nonqualified foreign limited partnership, the address, including street and number, if any, of its principal office under the laws of that jurisdiction. (2) The statute under which the dividing limited partnership was organized and the date of organization. (3) A statement that the dividing limited partnership will or will not survive the division. (4) The name and the address, including street and number, if any, of the registered office of each new domestic limited partnership or qualified foreign limited partnership resulting from the division. (5) If the plan is to be effective on a specific date, the hour, if any, and the month, day and year of the effective date. (6) The manner in which the plan was adopted by the limited partnership. (7) The plan of division. (b) Filing.--The certificate of division and the certificates or statement, if any, required by section 139 (relating to tax clearance of certain fundamental transactions) shall be filed in the Department of State. (c) Effective date of certificate of division.--Upon the filing of a certificate of division in the Department of State or upon the effective date specified in the plan of division, whichever is later, the division shall become effective. The division of a domestic limited partnership into one or more foreign limited partnerships or the division of a foreign limited partnership shall be effective according to the laws of the jurisdictions where the foreign limited partnerships are or are to be organized, but not until a certificate of division has been adopted and filed as provided in this subchapter. (d) Cross references.--See sections 134 (relating to docketing statement), 135 (relating to requirements to be met by filed documents) and 8514 (relating to execution of certificates).