Delivery to and filing of records by Secretary of State — Effective time and date

  1. Law
  2. Arkansas Code
  3. Business and Commercial Law
  4. Partnerships
  5. Uniform Limited Partnership Act (2001)
  6. Formation — Certificate of Limited Partnership and Other Filings
  7. Delivery to and filing of records by Secretary of State — Effective time and date

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  1. (a) A record authorized or required to be delivered to the Secretary of State for filing under this chapter must be captioned to describe the record's purpose, be in a medium permitted by the Secretary of State, and be delivered to the Secretary of State. Unless the Secretary of State determines that a record does not comply with the filing requirements of this chapter, and if all filing fees have been paid, the Secretary of State shall file the record and:

    1. (1) for a statement of dissociation, send:

      1. (A) a copy of the filed statement and a receipt for the fees to the person which the statement indicates has dissociated as a general partner; and

      2. (B) a copy of the filed statement and receipt to the limited partnership;

    2. (2) for a statement of withdrawal, send:

      1. (A) a copy of the filed statement and a receipt for the fees to the person on whose behalf the record was filed; and

      2. (B) if the statement refers to an existing limited partnership, a copy of the filed statement and receipt to the limited partnership; and

    3. (3) for all other records, send a copy of the filed record and a receipt for the fees to the person on whose behalf the record was filed.

  2. (b) Upon request and payment of a fee, the Secretary of State shall send to the requester a certified copy of the requested record.

  3. (c) Except as otherwise provided in § 4-47-207, a record delivered to the Secretary of State for filing under this chapter may specify an effective time and a delayed effective date. Except as otherwise provided in this chapter, a record filed by the Secretary of State is effective:

    1. (1) if the record does not specify an effective time and does not specify a delayed effective date, on the date and at the time the record is filed as evidenced by the Secretary of State's endorsement of the date and time on the record;

    2. (2) if the record specifies an effective time but not a delayed effective date, on the date the record is filed at the time specified in the record;

    3. (3) if the record specifies a delayed effective date but not an effective time, at 12:01 a.m. on the earlier of:

      1. (A) the specified date; or

      2. (B) the 90th day after the record is filed; or

    4. (4) if the record specifies an effective time and a delayed effective date, at the specified time on the earlier of:

      1. (A) the specified date; or

      2. (B) the 90th day after the record is filed.


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