§1326. Delivery to and filing of records by Secretary of State; effective time and date
1. Requirements for filing. 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:
A. For a statement of dissociation, send:
(1) A copy of the filed statement and a receipt for the fees to the person the statement indicates has dissociated as a general partner; and
(2) A copy of the filed statement and receipt to the limited partnership; [PL 2005, c. 543, Pt. C, §2 (NEW).]
B. For a statement of withdrawal, send:
(1) A copy of the filed statement and a receipt for the fees to the person on whose behalf the record was filed; and
(2) If the statement refers to an existing limited partnership, a copy of the filed statement and receipt to the limited partnership; and [PL 2005, c. 543, Pt. C, §2 (NEW).]
C. 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. [PL 2005, c. 543, Pt. C, §2 (NEW).]
[PL 2005, c. 543, Pt. C, §2 (NEW).]
2. Certified copy upon request. Upon request and payment of a fee, the Secretary of State shall send to the requester a certified copy of the requested record.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
3. Effective date; specified; default. Except as otherwise provided in section 1327, 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:
A. 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 endorsement of the date and time on the record; [PL 2005, c. 543, Pt. C, §2 (NEW).]
B. 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; [PL 2005, c. 543, Pt. C, §2 (NEW).]
C. If the record specifies a delayed effective date but not an effective time, at 12:01 a.m. on the earlier of:
(1) The specified date; and
(2) The 90th day after the record is filed; or [PL 2005, c. 543, Pt. C, §2 (NEW).]
D. If the record specifies an effective time and a delayed effective date, at the specified time on the earlier of:
(1) The specified date; and
(2) The 90th day after the record is filed. [PL 2005, c. 543, Pt. C, §2 (NEW).]
[PL 2007, c. 323, Pt. F, §13 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2005, c. 543, §C2 (NEW). PL 2007, c. 323, Pt. F, §13 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).