16-10a-123 - Effective time and date of filed documents.
16-10a-123. Effective time and date of filed documents.
(1) Except as provided in Subsections (2) and 16-10a-124(4), a document submitted tothe division for filing under this chapter shall be considered effective at the time of filing on thedate it is filed, as evidenced by the division's endorsement on the document as described inSubsection 16-10a-125(2).
(2) Unless otherwise provided in this chapter, a document, other than an application for areserved or registered name, may specify conspicuously on its face a delayed effective time ordate, or both an effective time and date, and if it does so, the document becomes effective asspecified.
(a) If a delayed effective time but no date is specified, the document is effective on thedate it is filed, as that date is specified in the division's time and date endorsement on thedocument, at the later of the time specified on the document as its effective time or the timespecified in the time and date endorsement.
(b) If a delayed effective date but no time is specified, the document is effective at theclose of business on that date.
(c) A delayed effective date for a document may not be later than the ninetieth day afterthe date it is filed. If a document specifies a delayed effective date that is later than the ninetiethday after the document is filed, the document is effective on the ninetieth day after it is filed.
(3) If a document specifies a delayed effective date pursuant to Subsection (2), thedocument may be prevented from becoming effective by delivering to the division, prior to thespecified effective date of the document, a certificate of withdrawal, executed on behalf of thesame domestic or foreign corporation originally submitting the document for filing, in the samemanner as the document being withdrawn, stating:
(a) that the document has been revoked by appropriate corporate action or by court orderor decree pursuant to Section 16-10a-1008 and is void; and
(b) in the case of a court order or decree pursuant to Section 16-10a-1008, that the courtorder or decree was entered by a court having jurisdiction of the proceeding for the reorganizationof the corporation under a specified statute of the United States.
Enacted by Chapter 277, 1992 General Session