Section 116. Resignation of Agent for Service of Process

(a) In order to resign as an agent for service of process of a limited partnership or foreign limited partnership, the agent must deliver to the [Secretary of State] for filing a statement of resignation containing the name of the limited partnership or foreign limited partnership.

(b) After receiving a statement of resignation, the [Secretary of State] shall file it and mail a copy to the designated office of the limited partnership or foreign limited partnership and another copy to the principal office if the address of the office appears in the records of the [Secretary of State] and is different from the address of the designated office.

(c) An agency for service of process is terminated on the 31st day after the [Secretary of State] files the statement of resignation.

Comment

Source – ULLCA Section 110.

This section provides the only way an agent can resign without cooperation from the limited partnership or foreign limited partnership and the only way the agent, rather than the limited partnership or foreign limited partnership, can effect a change in the public record. See Sections 115(a) (Statement of Change), 202 (Amendment or Restatement of Certificate), and 210(e) (Annual Report), all of which involve the limited partnership or foreign limited partnership designating a replacement agent for service of process.

Subsection (c) – In contrast to most records authorized or required to be delivered to the filing officer for filing under this Act, a statement of resignation may not provide for a delayed effective date. This subsection mandates the effective date, and an effective date included in a statement of resignation is disregarded. See also Section 206(c).