§1328. Liability for false information in filed record
1. Damages for record containing false information.
If a record delivered to the Secretary of State for filing under this chapter and
filed by the Secretary of State contains false information, a person that suffers
loss by reliance on the information may recover damages for the loss from:
A. A person that signed the record, or caused another to sign it on the person's behalf,
and knew the information to be false at the time the record was signed; and [2005, c. 543, Pt. C, §2 (NEW).]
B. A general partner that has notice that the information was false when the record was
filed or has become false because of changed circumstances, if the general partner
has notice for a reasonably sufficient time before the information is relied upon
to enable the general partner to effect an amendment under section 1322, file a petition
pursuant to section 1325 or deliver to the Secretary of State for filing a change of registered agent as required by Title 5, section 108 or a statement of correction as required by section 1327. [2007, c. 323, Pt. F, §14 (AMD); 2007, c. 323, Pt. G, §4 (AFF).]
[
2007, c. 323, Pt. F, §14 (AMD);
2007, c. 323, Pt. G, §4 (AFF)
.]
2. Signing constitutes affirmation.
Signing a record authorized or required to be filed under this chapter constitutes
an affirmation under the penalties of perjury that the facts stated in the record
are true.
[
2005, c. 543, Pt. C, §2 (NEW)
.]
SECTION HISTORY
2005, c. 543, §C2 (NEW).
2007, c. 323, Pt. F, §14 (AMD).
2007, c. 323, Pt. G, §4 (AFF).