§428-206  Filing in office ofdirector; effective time and date.  (a)  Articles of organization or anyother record authorized to be filed under this chapter shall be in a mediumpermitted 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 withthe 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 thedate of delivery thereof.

(b)  Upon request and payment of a fee, thedirector 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 timeof filing on the date it is filed, as evidenced by the director's date and timeendorsement on the original record.

(d)  Articles of termination, articles ofconversion, and articles of merger may specify a delayed effective time anddate, 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 effectiveat the close of business on that date.  A delayed effective date for a recordmay not be later than the thirtieth day after the date it is filed.

(e)  A specified delayed effective date that islater than the thirtieth day after the record is filed makes the recordeffective as of the thirtieth day.

(f)  A record filed with the director maycontain information in addition to that required by this chapter.

(g)  If the director has prescribed a mandatoryform for a record to be filed, the record must be in or on the prescribed form.

(h)  The duty of the director to file recordsunder this chapter is ministerial.  The filing or refusal to file a documentdoes not:

(1)  Affect or create a presumption as to the validityor invalidity of the record in whole or in part; or

(2)  Relate to or create a presumption as to thecorrectness or incorrectness of information contained in the record. [L 1996, c92, pt of §1; am L 2003, c 124, §73]