31 §629. Filing (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/11)
Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 13: LIMITED LIABILITY COMPANIES
Subchapter 2: FORMATION ENACTED BY PL 1993, C. 718, PT. A, §1
§629. Filing
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/11)
1. Original filing. An original signed copy of a certificate or articles or other document authorized to be filed under a provision of this chapter must be delivered to the Secretary of State.
A. A person who executes a document as an agent or fiduciary need not exhibit evidence of authority as a prerequisite to filing. [1993, c. 718, Pt. A, §1 (NEW).]
B. Unless the Secretary of State finds that the certificate or articles or other document on its face do not conform to law, upon receipt of all filing fees required by law, the Secretary of State shall attest that the document has been filed with the Secretary of State by endorsing thereon the word "filed" and the day, month and year of the filing and by signing or initialing that endorsement in person or by agent. If the person delivering the document for filing so requests, the endorsement must further include the hour and minute of the filing of the document. [1993, c. 718, Pt. A, §1 (NEW).]
C. The endorsement is known as the "filing date" of the document and is conclusive of the date and the time, if included in the endorsement, of filing in the absence of actual fraud. [1993, c. 718, Pt. A, §1 (NEW).]
D. The Secretary of State may use an identifying mark in lieu of signing or initialing. [1993, c. 718, Pt. A, §1 (NEW).]
E. The filing date is the date first received unless otherwise specified by law or rule. [1993, c. 718, Pt. A, §1 (NEW).]
F. The Secretary of State shall file and index the original copy. [1993, c. 718, Pt. A, §1 (NEW).]
[ 1993, c. 718, Pt. A, §1 (NEW) .]
2. Attested copy. The Secretary of State shall promptly make a copy of the original and shall attest that copy by marking upon it the same endorsement that is required to appear upon the original, together with a further endorsement that the copy is a true copy of the original document. The attested copy must be returned to the person submitting the document for filing or to that person's representative.
[ 1993, c. 718, Pt. A, §1 (NEW) .]
SECTION HISTORY
1993, c. 718, §A1 (NEW). 2009, c. 629, Pt. A, §1 (RP). 2009, c. 629, Pt. A, §3 (AFF).