Short answer. Yes. The certificate that forms a limited partnership must be both signed and sworn to. Article 1844 says the persons desiring to form one shall sign and swear to a certificate stating specific details, and then file for record the certificate with the Securities and Exchange Commission.
What the law says
Two or more persons desiring to form a limited partnership shall: (1) Sign and swear to a certificate
Civil Code, Article 1844 — Formation of a Limited Partnership. Read the full provision →
Signing and swearing are both required
A limited partnership is not created by a mere handshake or a private agreement. Article 1844 sets a formal path: two or more persons desiring to form one must sign and swear to a certificate, and then file that certificate for record in the Office of the Securities and Exchange Commission. Two acts are demanded — signing and swearing under oath — because the certificate is a public document creditors and the public will rely on. The oath is what turns the partners' statements about capital and membership into sworn representations rather than casual assertions.
What the certificate must contain
The article lists the contents in detail: the partnership name with the word Limited, the character of the business, the principal place of business, the name and residence of each member with general and limited partners designated, the term of the partnership, and the cash and described value of property each limited partner contributes. It continues through additional contributions, when contributions are returned, each limited partner's share of profits, and a series of optional rights — to substitute an assignee, to admit more limited partners, to grant priority among them, to continue the business on a general partner's death, and to receive property other than cash in return.
Filing and substantial compliance
Beyond signing and swearing, the certificate must be filed for record with the Securities and Exchange Commission. The article then softens the standard of perfection: a limited partnership is formed if there has been substantial compliance in good faith with these requirements. That means a minor, honest imperfection in the certificate does not necessarily destroy the limited partnership. But substantial compliance in good faith is a real threshold — a wholesale failure to sign, swear, or file is not a small defect, and it can leave the arrangement without the limited-liability protection the partners were reaching for.
Why the formality matters
The formalities exist to protect people dealing with the firm. Limited partners enjoy liability capped at their contribution, an advantage the law grants only in exchange for public, sworn disclosure of who they are and what they put in. Skip the sworn certificate and the arrangement may be treated as an ordinary partnership, exposing the would-be limited partners to unlimited liability for partnership debts. Getting the certificate properly signed, sworn, and filed at the outset is therefore not a technicality but the very foundation of the limited partner's protection.