2023 District of Columbia Code › Title 29 - Business Organizations. [Enacted title] › Chapter 2 - Entity Transactions › Subchapter V - Domestication › § 29–205.05. Statement of domestication; effective date

§ 29–205.05. Statement of domestication; effective date.
(a) A statement of domestication shall be signed on behalf of the domesticating entity and delivered to the Mayor for filing.
(b) A statement of domestication shall contain:
(1) The name, jurisdiction of formation, and type of the domesticating entity;
(2) The name and jurisdiction of formation of the domesticated entity;
(3) If the statement of domestication is not to be effective upon filing, the later date and time on which it will become effective, which shall not be more than 90 days after the date of filing;
(4) If the domesticating entity is a domestic entity, a statement that the plan of domestication was approved in accordance with this subchapter or, if the domesticating entity is a foreign entity, a statement that the domestication was approved in accordance with the law of its jurisdiction of formation;
(5) If the domesticated entity is a domestic filing entity, its public organic record as an attachment; and
(6) If the domesticated entity is a domestic limited liability partnership, its statement of qualification as an attachment; and
(7) If the domesticated entity is a foreign entity that is not a registered foreign entity, a mailing address to which the process may be served pursuant to § 29-205.06(e).
(c) In addition to the requirements of subsection (b) of this section, a statement of domestication may contain any other provision not prohibited by law.
(d) If the domesticated entity is a domestic entity, its public organic record, if any, shall satisfy the requirements of the law of the District, except that it does not need to be signed and may omit any provision that is not required to be included in a restatement of the public organic record.
(e) A plan of domestication that is signed on behalf of a domesticating domestic entity and meets all of the requirements of subsection (b) of this section may be delivered to the Mayor for filing instead of a statement of domestication and, upon filing by the Mayor, shall have the same effect. If a plan of domestication is filed as provided in this subsection, references in this chapter to a statement of domestication shall refer to the plan of domestication filed under this subsection.
(f) A statement of domestication shall be effective upon the date and time of filing or the later date and time specified in the statement of domestication.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(b)(27), 59 DCR 13171.)
Section References
This section is referenced in § 29-201.02.
Effect of Amendments
The 2013 amendment by D.C. Law 19-210 substituted “delivered to the Mayor for filing” for “filed with the Mayor” in (a) and (e); substituted “formation, and type” for “organization, and type” in (b)(1); substituted “formation” for “organization” in (b)(2) and (4); substituted “record” for “document” in (b)(5) and throughout (d); substituted “registered” for “qualified” in (b)(7); and substituted “upon filing by the Mayor” for “upon filing” in (e).
Editor's Notes
Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.