§ 322C.0205 — Filing of Records With Secretary of State; Effective Time and Date
Plain-Language Summary
A filed document from the Secretary of State is evidence that the LLC exists and that the filing requirements were met.
322C.0205 FILING OF RECORDS WITH SECRETARY OF STATE; EFFECTIVE TIME AND DATE.
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Subdivision 1.Delivery requirements.
A record authorized or required to be filed with the secretary of state under this chapter must be captioned to describe the record’s purpose, be in a medium permitted by the secretary of state, and be delivered to the secretary of state. If the filing fee of $35 or any filing fee specified in this chapter for the filing has been paid, unless the secretary of state determines that a record does not comply with the filing requirements of this chapter, the secretary of state shall file the record and:
(1) for a statement of denial under section 322C.0303, send an image of the filed statement and a receipt for the fees to the person on whose behalf the statement was delivered for filing and to the limited liability company; and
(2) for all other records, send an image of the filed record to the person on whose behalf the record was filed. §
Subd. 2.Certified copy to requester.
Upon request and payment of the requisite fee, the secretary of state shall send to the requester a certified copy of a requested record. §
Subd. 3.Effective date and time.
Except as otherwise provided in sections 322C.0115, 322C.0201, subdivision 4, paragraph (a), and 322C.0206, a record filed with the secretary of state under this chapter may specify an effective time and a delayed effective date. Subject to sections 322C.0115, 322C.0201, subdivision 4, paragraph (a), and 322C.0206, a record filed with the secretary of state is effective:
(1) if the record does not specify either an effective time or a delayed effective date, on the date and at the time the record is filed as evidenced by the secretary of state’s endorsement of the date and time on the record;
(2) if the record specifies an effective time but not a delayed effective date, on the date the record is filed at the time specified in the record;
(3) if the record specifies a delayed effective date but not an effective time, at 11:59 p.m. on the earlier of:
(i) the specified date; or
(ii) the 90th day after the record is filed; or
(4) if the record specifies an effective time and a delayed effective date, at the specified time on the earlier of:
(i) the specified date; or
(ii) the 90th day after the record is filed.
History:
2014 c 157 art 1 s 22; 2016 c 135 art 4 s 17
History: History: 2014 c 157 art 1 s 22; 2016 c 135 art 4 s 17