State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter21 > 21-121

21-121. Delivery to and filing of recordsby Secretary of State; effective time and date.(ULLCA 205) (a) A record authorized orrequired to be delivered to the Secretary of State for filing under the NebraskaUniform Limited Liability Company Act must be captioned to describe the record'spurpose, be in a medium permitted by the Secretary of State, and be deliveredto the Secretary of State. If the filing fees have been paid, unless the Secretaryof State determines that a record does not comply with the filing requirementsof the act, the Secretary of State shall file the record and:(1) for a statement ofdenial under section 21-128, send a copy of the filed statement and a receiptfor the fees to the person on whose behalf the statement was delivered forfiling and to the limited liability company; and(2) for all other records, senda copy of the filed record and a receipt for the fees to the person on whosebehalf the record was filed.(b) Upon request and payment of the requisite fee,the Secretary of State shall send to the requester a certified copy of a requestedrecord.(c)Except as otherwise provided in sections 21-115 and 21-122, a record deliveredto the Secretary of State for filing under the act may specify an effectivetime and a delayed effective date. Subject to section 21-115, subdivision(d)(1) of section 21-117, and section 21-122, a record filed by the Secretaryof State is effective:(1)if the record does not specify either an effective time or a delayed effectivedate, on the date and at the time the record is filed as evidenced by theSecretary of State's endorsement of the date and time on the record;(2) if the record specifiesan effective time but not a delayed effective date, on the date the recordis filed at the time specified in the record;(3) if the record specifies a delayedeffective date but not an effective time, at 12:01 a.m. on the earlier of:(A) the specified date;or(B)the ninetieth day after the record is filed; or(4) if the record specifies an effectivetime and a delayed effective date, at the specified time on the earlier of:(A) the specified date;or(B)the ninetieth day after the record is filed. SourceLaws 2010, LB888, § 21.Operative Date: January 1, 2011