159.34 - ASSISTANCE SERVICES -- FILING DOCUMENTS.
159.34 ASSISTANCE SERVICES -- FILING DOCUMENTS.
1. A contract executed under this subchapter may require that a
depositary provide for the receipt, acceptance, and storage of filing
documents that are sent in an electronic format to the depositary by
persons who would otherwise be required to submit filing documents to
the department under other provisions of this title. The contract
shall be governed under the same provisions as provided in section
8A.106.
2. a. A depositary must send filing documents that it
receives to the department for processing, including for the approval
or disapproval of an application or the acknowledgment of a
registration. The receipt of the filing document by the depositary
shall be deemed receipt of the filing document but not an approval of
an application or acknowledgment of a registration by the department.
b. A depositary may send a person notice of the department's
approval or disapproval of an application or acknowledgment of a
registration. The department and not a depositary shall be
considered the lawful custodian of the department's filing documents
which shall be public records as provided in chapter 22.
3. A filing document that is transmitted electronically to a
depositary or from a depositary to another person is an electronic
record for purposes of chapter 554D. An application or registration
required to be signed must be authenticated by an electronic
signature as provided by the department in conformance with chapter
554D. Section History: Recent Form
2003 Acts, ch 48, §4; 2004 Acts, ch 1101, §25