29-855

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

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.