29-855. Delivery by means of fax or electronic transmission

(Rpld. 9/1/20)

A. A person may deliver by means of a fax or electronic transmission a document that is required or permitted by this chapter to be delivered to the commission for filing. The person shall retain the original document for at least twelve months in the books and records of the limited liability company or of the person making the delivery for filing if the delivery is not made on behalf of the limited liability company, and the person shall make the original document available for inspection and copying by the commission on reasonable notice.

B. A document that is reproduced at a fax machine or through an electronic transmission at the commission is deemed to be delivered to the commission:

1. On the date of the reproducing if reproduced on or before 5:00 p.m. mountain standard time and if the day is a business day of the commission.

2. On the next succeeding business day if reproduced after 5:00 p.m. mountain standard time or on a day that is not a business day of the commission.

C. On the request of the person transmitting the document, the commission shall confirm by fax or electronic transmission or other writing the receipt of the document.

D. A person shall pay and deliver to the commission any fee or penalty imposed by any section of this chapter with respect to the delivery of a document to the commission for filing in the manner determined by the commission.

E. If the commission determines that the legibility of the document reproduced by means of a fax or electronic transmission is insufficient, the commission may require that either:

1. The document be delivered to the commission by means of an additional fax or electronic transmission.

2. An original and, if applicable, one or more copies of the document be delivered to the commission by means other than a fax or electronic transmission.

F. The commission shall not file a document if a required amount is not paid as provided in subsection D or if any required additional counterpart is not delivered as provided in subsection E.

G. A reproduced document delivered under this section is deemed to satisfy any requirement in this chapter for delivery of an original and one or more copies of a document. A document subject to this section is deemed to have been delivered on the date on which it was delivered as provided in subsection B but only if the first reproduction at a minimum permits identification of the limited liability company to which the document pertains and of the general nature of the document and the commission subsequently determines that subsections D and E and any other requirements of this chapter regarding the document have been satisfied.

H. The commission may prescribe the format of an electronic document delivered to the commission pursuant to this section.