Effective Time and Date of Document

  1. Law
  2. Georgia Code
  3. Corporations, Partnerships, and Associations
  4. Nonprofit Corporations
  5. General Provisions
  6. Documents
  7. Effective Time and Date of Document

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  1. Except as provided in subsection (b) of this Code section and subsection (c) of Code Section 14-3-124, a document is effective:
    1. At the time of filing on the date it is filed, as evidenced by the Secretary of State's endorsement on the original document; or
    2. At any later time specified in the document as its effective time on the date it is filed.
  2. A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date.A delayed effective date for a document may not be later than the ninetieth day after the date filed.
  3. If a document is determined by the Secretary of State to be incomplete and inappropriate for filing, the Secretary of State may return the document to the person or corporation filing it, together with a brief written explanation of the reason for the refusal to file, in accordance with subsection (c) of Code Section 14-3-125 and, if the applicant returns the document with corrections in accordance with the rules and regulations of the Secretary of State, the filing date of the document will be the filing date that would have been applied had the original document not been deficient.

(Code 1981, §14-3-123, enacted by Ga. L. 1991, p. 465, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "Section" was substituted for "section" in subsection (a).

COMMENT

Subsection (a)(2) refers to an effective filing time of a document as "At any later time specified," as opposed to the Business Code reference to "At the time specified." This change is intended to clarify that the effective time cannot be earlier than the actual filing time.


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