Delivery to and filing of records by Secretary of State; effective time and date

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§ 203. Delivery to and filing of records by Secretary of State; effective time and date

(a) A record authorized or required by this title to be delivered to the Secretary of State for filing shall be captioned to describe the record's purpose, be in a medium and format permitted by the Secretary of State, and be delivered to the Secretary of State. If the filing fees have been paid and unless the Secretary of State determines that the record does not comply with the filing requirements, the Secretary of State shall file the record and send a copy of the filed record to the person on whose behalf the record was filed.

(b) The Secretary of State, upon request and payment of the required fee, shall furnish a certified copy of any record filed by the Secretary of State under this title to the person making the request.

(c) Except as otherwise provided in sections 118 and 204 of this title, a record delivered to the Secretary of State for filing under this title may specify an effective time and a delayed effective date that may include an effective time on that date. Except as otherwise provided in sections 118 and 204 of this title, a record filed by the Secretary of State under this title is effective:

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

(A) the specified date; or

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

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

(A) the specified date; or

(B) the 90th day after the record is filed. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)


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