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The Florida Statutes

The 1998 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS
Chapter 607
Corporations
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607.0123  Effective time and date of document.--

(1)  Except as provided in subsection (2) and in s. 607.0124(3), a document accepted for filing is effective:

(a)  At the time of filing on the date it is filed, as evidenced by the Department of State's date and time endorsement on the original document; or

(b)  At the time specified in the document as its effective time on the date it is filed.

(2)  A document may specify a delayed effective time and date, and if it does the document shall become effective at the time and date specified. If a delayed effective date, but no time, is specified, the document shall become effective at the close of business on that date. Unless otherwise permitted by this act, a delayed effective date for a document may not be later than the 90th day after the date on which it is filed.

(3)  If a document is determined by the Department of State to be incomplete and inappropriate for filing, the Department of State may return the document to the person or corporation filing it, together with a brief written explanation of the reason for the refusal to file, in accordance with s. 607.0125(3). If the applicant returns the document with corrections in accordance with the rules of the department within 60 days after it was mailed to the applicant by the department and if at the time of return the applicant so requests in writing, the filing date of the document will be the filing date that would have been applied had the original document not been deficient, except as to persons who relied on the record before correction and were adversely affected thereby.

(4)  Corporate existence may predate the filing date, pursuant to s. 607.0203(1).

History.--s. 6, ch. 89-154; s. 3, ch. 93-281.