MARVIN MANDEL, Governor

1945

BEEN SUBSTANTIAL COMPLIANCE IN GOOD FAITH WITH THE
REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION.

REVISOR'S NOTE: This section presently appears as
Art. 73, §2.

The requirement that the certificate be sworn
to is deleted. Although the recording
statutes require swearing, it is seldom done
in actual practice. Consequently, the
requirement that it be "acknowledged" is
substituted; in this regard, see Title 1 of
this article.

The only other changes are technical changes
in punctuation.

Subsection (a) of this section requires a
person to file the certificate of limited
partnership for record with the "clerk of the
court" (defined in Title 1 of this article),
without indicating which county. This
provision is vague and an Attorney General's
Opinion of January 25, 1973 concludes that
"filing in the county of the principal place
of business, while not required, would appear
to be the most logical procedure." The
General Assembly may wish to consider amending
this section to provide a mechanism for
central filing of certificates of limited
partnerships, either in lieu of or in addition
to the present system of local filing.
Central filing (provisions for which have been
adopted in six of the jurisdictions which have
enacted the Uniform Act) would enable persons
to determine more readily whether a
certificate has been filed,

10-103. BUSINESS WHICH MAY BE CARRIED ON.

A LIMITED PARTNERSHIP MAY CARRY ON ANY BUSINESS
WHICH A PARTNERSHIP WITHOUT LIMITED PARTNERS MAY CARRY
ON, EXCEPT MAKING INSURANCE.

REVISOR'S NOTE: This section presently appears as
Art. 73, §3.

No changes are made.

10-104. CHARACTER OF LIMITED PARTNER'S CONTRIBUTION.

THE CONTRIBUTIONS OF A LIMITED PARTNER MAY BE CASH
OR OTHER PROPERTY, BUT NOT SERVICES.