eLaws of Florida

  SECTION 620.2204. Application to existing relationships.  


Latest version.
  • 1(1) 2Before January 1, 2007, this act governs only:
    10(a) 11A limited partnership formed on or after January 1, 2006.
    21(b) 22Except as otherwise provided in subsections (3) and (4), a limited partnership formed before January 1, 2006, which elects, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be subject to this act.
    63(2) 64Except as otherwise provided in subsection (3), on and after January 1, 2007, this act governs all limited partnerships.
    83(3) 84With respect to a limited partnership formed before January 1, 2006, the following rules apply except as the partners otherwise elect in the manner provided in the partnership agreement or by law for amending the partnership agreement:
    121(a) 122The provisions of s. 126620.1104(3) 127do not apply and the limited partnership has whatever duration such limited partnership had under the law applicable immediately before January 1, 2006.
    150(b) 151The limited partnership is not required to amend its certificate of limited partnership to comply with s. 168620.1201(1)(d)169.
    170(c) 171The provisions of ss. 175620.1601 176and 177620.1602 178do not apply and a limited partner has the same right and power to dissociate from the limited partnership, with the same consequences, as existed immediately before January 1, 2006.
    208(d) 209The provisions of s. 213620.1603(4) 214do not apply.
    217(e) 218The provisions of s. 222620.1603(5) 223do not apply and a court has the same power to expel a general partner as the court had immediately before January 1, 2006.
    247(f) 248The provisions of s. 252620.1801(1)(c) 253do not apply and the connection between a person’s dissociation as a general partner and the dissolution of the limited partnership is the same as existed immediately before January 1, 2006.
    284(4) 285With respect to a limited partnership that elects pursuant to paragraph (1)(b) to be subject to this act, after the election takes effect the provisions of this act relating to the liability of the limited partnership’s general partners to third parties apply:
    327(a) 328Before January 1, 2007, to:
    3331. 334A third party that had not done business with the limited partnership in the year before the election took effect.
    3542. 355A third party that had done business with the limited partnership in the year before the election took effect only if the third party knows or has received a notification of the election.
    388(b) 389On and after January 1, 2007, to all third parties, but those provisions remain inapplicable to any obligation incurred while those provisions were inapplicable under subparagraph (a)2.
History.-s. 17, ch. 2005-267; s. 78, ch. 2006-1; s. 11, ch. 2008-187.

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