16-6a-108. Effective time and
date of filed documents.
(1) (a) Except as provided in Subsection (2) and Subsection 16-6a-109(4),
a document submitted to the division for filing under this chapter is
effective:
(i) at the
time of filing; and
(ii) on
the date it is filed.
(b) The division's endorsement on the document as
described in Subsection 16-6a-110(2)
is evidence of the time and date of filing.
(2) (a) Unless otherwise provided in this chapter, a
document, other than an application for a reserved or registered name, may
specify conspicuously on its face:
(i) a
delayed effective time;
(ii) a
delayed effective date; or
(iii) both
a delayed effective time and date.
(b) If in accordance with Subsection (2)(a), a delayed
time, date, or both, is specified, the document becomes effective as provided
in this Subsection (2).
(c) If both a delayed effective time and date are
specified, the document becomes effective as specified.
(d) 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:
(i) the
time specified on the document as its effective time; or
(ii) the
time specified in the time and date endorsement.
(e) If a delayed effective date but no time is
specified, the document is effective at the close of business on the date
specified as the delayed effective date.
(f) Notwithstanding the other provisions of this
Subsection (2), a delayed effective date for a document may not be later than
90 days after the date the document is filed. If a document specifies a delayed
effective date that is more than 90 days after the date the document is filed,
the document is effective 90 days after the day the document is filed.
(3) If a document specifies a delayed effective date
pursuant to Subsection (2), the document may be prevented from becoming
effective by the same domestic or foreign nonprofit corporation that originally
submitted the document for filing delivering to the division, prior to the
specified effective date of the document, a certificate of withdrawal:
(a) executed:
(i) on
behalf of the same domestic or foreign nonprofit corporation that originally
submitted the document for filing; and
(ii) in
the same manner as the document being withdrawn;
(b) stating that:
(i) the
document has been revoked by:
(A)
appropriate corporate action; or
(B)
court order or decree pursuant to Section 16-6a-1007;
and
(ii) the
document is void; and
(c) if a court order or decree pursuant to Section 16-6a-1007 revokes
the document, the court order or decree was entered by a court having
jurisdiction of the proceeding for the reorganization of the nonprofit
corporation under a specified statute of the United States.
Enacted by Chapter 300, 2000 General Session