§428-206 Filing in office of director; effective time and date. (a) Articles of organization or any other record authorized to be filed under this chapter shall be in a medium permitted by the director and shall be delivered to the office of the director. Unless the director determines that a record fails to comply as to form with the filing requirements of this chapter, and if all filing fees have been paid, the director shall file the record and stamp the word "Filed" and the date of delivery thereof.
(b) Upon request and payment of a fee, the director shall send to the requester a certified copy of the requested record.
(c) Except as otherwise provided in subsection (d) and section 428-207, a record accepted for filing is effective at the time of filing on the date it is filed, as evidenced by the director's date and time endorsement on the original record.
(d) Articles of termination, articles of conversion, and articles of merger may specify a delayed effective time and date, and if so, the record becomes effective at the time and date specified. If a delayed effective date but no time is specified, the record is effective at the close of business on that date. A delayed effective date for a record may not be later than the thirtieth day after the date it is filed.
(e) A specified delayed effective date that is later than the thirtieth day after the record is filed makes the record effective as of the thirtieth day.
(f) A record filed with the director may contain information in addition to that required by this chapter.
(g) If the director has prescribed a mandatory form for a record to be filed, the record must be in or on the prescribed form.
(h) The duty of the director to file records under this chapter is ministerial. The filing or refusal to file a document does not:
(1) Affect or create a presumption as to the validity or invalidity of the record in whole or in part; or
(2) Relate to or create a presumption as to the correctness or incorrectness of information contained in the record. [L 1996, c 92, pt of §1; am L 2003, c 124, §73]
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