11/13/09 3 of 6
date of admission, and current good standing, along with an English translation
if the certificate is not in English.
(B) The effective date of certification as a limited liability partnership is the date the
State Bar receives a complete application.
5
The State Bar has discretion to grant a
later effective date requested by the applicant.
6
Rule 3.173 Amendment or abandonment of incomplete application
7
If the State Bar notifies an applicant that an Application for Certification as a Limited
Liability Partnership
is incomplete or otherwise fails to comply with application
requirements, it must provide the applicant at least sixty days to amend the application. If
the applicant fails to meet application requirements within this time, the application is
deemed withdrawn.
Rule 3.174 Duties of a limited liability partnership
8
(A) To maintain certification as a limited liability partnership in California, a limited
liability partnership must have a currently effective certificate of registration issued
by the State Bar, submit an Annual Renewal with any required fee,
9
and otherwise
comply with these rules and applicable law.
(B) The limited liability partnership may practice law only under the name certified by
the Secretary of State and approved by the State Bar.
10
Use of the name must
comply with the requirements of the Rules of Professional Conduct.
11
5
See Rule 1.24. This rule provides that “When a rule refers to a form, the State Bar reserves the right to
reject a form that is altered in language or structure or that is not completed and submitted according to
instructions.”
6
See current rule 7.1, which gives the State Bar discretion to certify as of an earlier date if an applicant “has
registered as a limited liability partnership with the Secretary of State prior to the effective date of these
Rules.” Proposed rule 3.172(B) eliminates the alternative for an earlier date. In practice, the State Bar has
not issued a certification for a date earlier than that on which it has received a complete application.
7
Cf. current rule 6.0, Denial of application.
8
See current rule 2.1 (an LLP by definition“has a currently effective certificate of registration as a limited
liability partnership from the State Bar”); current rule 10, which deals with the Annual Renewal; and
current rule 3.5 (an LLP must “Agree to comply with the laws of the State of California, the California
Rules of Professional Conduct, the Rules and Regulations of the State Bar, and these Rules, insofar as they
are applicable to partners and employees of an applicant”).
9
Rule 3.176. See current rule 3.0.
10
Corporations Code § 16952.
11
See especially Rules of Professional Conduct, Rule 1-400.