179.0112 Applicability.

408 words·~2 min read·/wi/chapter-179/179-0112

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)This chapter applies to a limited partnership formed on or after January 1, 2023.

(2)On January 1, 2023, this chapter applies to a limited partnership formed before January 1, 2023, except as follows:

(a)If a limited partnership elects, in a manner allowed by law for amending the partnership agreement, to be subject to this chapter as of any date between April 17, 2022, and January 1, 2023, and files with the department a statement of applicability to that effect, this chapter applies to the limited partnership as of the date that the statement of applicability is effective under s. 179.0207 .

(b)If a limited partnership elects, in a manner allowed by law for amending the partnership agreement, to continue to be subject to ch. 179 , 2019 stats., and ch. 178 , 2013 stats., to the extent not inconsistent with ch. 179 , 2019 stats., and files with the department a statement of nonapplicability to that effect prior to January 1, 2023, the limited partnership shall not be subject to this chapter, except for requirements relating to filing or obtaining copies of records with the department, receiving or responding to notices from the department, and complying with administrative rules promulgated under this chapter. The limited partnership shall instead be and remain subject to ch. 179 , 2019 stats., and ch. 178 , 2013 stats., to the extent not inconsistent with ch. 179 , 2019 stats. Thereafter, if the partnership elects, in such manner, to be subject to this chapter as of any subsequent date and files with the department a statement of applicability to that effect, this chapter applies to the limited partnership as of the date that the statement of applicability is effective under s. 179.0207 .

(c)Any statement of applicability to be subject to this chapter pursuant to a valid election by the limited partnership shall be irrevocable upon such filing.

(d)Upon this chapter becoming applicable with respect to a limited partnership, all of the following apply:

1. This chapter shall not, and the corresponding provisions of ch. 179 , 2019 stats., shall, be applicable with respect to obligations incurred by the limited partnership prior to such applicability.

2. Any provisions of a partnership agreement that were valid and in effect immediately prior to this chapter becoming applicable with respect to the limited partnership shall continue to be valid and applicable to the extent allowed under prior law.