950 CMR 108.13 - Resident Agent
(1) Each domestic
and foreign limited partnership authorized to transact business in the
Commonwealth must continuously maintain a resident agent and office in the
Commonwealth.
(2) The office
address of the resident agent must be a street address. A post office address
is not sufficient.
(3) The resident
agent may be an individual, a domestic corporation, a domestic not for profit
corporation, a domestic other business entity authorized by law, a foreign
corporation qualified to do business in the Commonwealth or a foreign other
business entity authorized by law and qualified to do business in the
Commonwealth.
(4) A domestic
limited partnership or a foreign limited partnership authorized to transact
business in the Commonwealth shall change its resident agent or the street
address of the resident agent by filing a certificate of change of agent/office
address. Such certificate shall set forth:
(a)
the exact name of the limited partnership;
(b) the current street address of the
resident agent;
(c) the new street
address of the resident agent;
(d)
the name of the current resident agent;
(e) the name of the new resident agent if the
current resident is to be changed; and
(f) the new resident agent's written consent
to the appointment if the certificate sets forth the name of a new resident
agent.
(5) A resident
agent shall change his street address for any domestic limited partnership or
foreign limited partnership authorized to transact business in the Commonwealth
for which he is a resident agent by filing a statement of change of resident
office. The statement of change shall set forth:
(a) the name of the agent;
(b) the exact name of each domestic or
foreign limited partnership;
(c)
the current office address;
(d) the
new office address; and
(e) a
certification that each limited partnership listed herein has been notified in
writing of the change as required by M.G.L. c.109, ยงยง 4 and 52.
The Statement of Change must be signed by the resident agent. It is effective on the time and date approved by the Division.
(6) A resident agent
shall resign his appointment by filing a statement of resignation with the
Division. The statement of resignation shall set forth:
(a) the name of the resident agent;
(b) the exact name of the limited
partnership;
(c) the current office
address of the resident agent;
(d)
a statement that the agent hereby resigns his appointment as resident agent of
the limited partnership;
(e) a
statement indicating whether the resident agent office address will be
discontinued; and
(f) a statement
that a copy of the resignation has been furnished to the limited partnership.
The statement of resignation must be signed by the resident agent. The
signature may be original or facsimile. The resignation, and if applicable, the
discontinuance of the office address, shall be effective on the 31" day after
the date on which the statement was filed.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.