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 to
the division for filing under this chapter shall be considered effective at the time of filing on the
date it is filed, as evidenced by the division's endorsement on the document as described in
Subsection 16-10a-125(2).
(2) Unless otherwise provided in this chapter, a document, other than an application for a
reserved or registered name, may specify conspicuously on its face a delayed effective time or
date, or both an effective time and date, and if it does so, the document becomes effective as
specified.
(a) If a delayed effective time but no date is specified, the document is effective on the
date it is filed, as that date is specified in the division's time and date endorsement on the
document, at the later of the time specified on the document as its effective time or the time
specified in the time and date endorsement.
(b) If a delayed effective date but no time is specified, the document is effective at the
close of business on that date.
(c) A delayed effective date for a document may not be later than the ninetieth day after
the date it is filed. If a document specifies a delayed effective date that is later than the ninetieth
day 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), the
document may be prevented from becoming effective by delivering to the division, prior to the
specified effective date of the document, a certificate of withdrawal, executed on behalf of the
same domestic or foreign corporation originally submitting the document for filing, in the same
manner as the document being withdrawn, stating:
(a) that the document has been revoked by appropriate corporate action or by court order
or 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 court
order or decree was entered by a court having jurisdiction of the proceeding for the reorganization
of the corporation under a specified statute of the United States.
Enacted by Chapter 277, 1992 General Session
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Last revised: Thursday, May 28, 2009