Florida Statutes 605.0207 – Effective date and time
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Except as otherwise provided in s. 605.0208, and subject to s. 605.0209(3), any document delivered to the department for filing under this chapter may specify an effective time and a delayed effective date. In the case of initial articles of organization, a prior effective date may be specified in the articles of organization if such date is within 5 business days before the date of filing. Subject to ss. 605.0114, 605.0115, 605.0208, and 605.0209, a record filed by the department is effective:
(1) If the record filed does not specify an effective time and does not specify a prior or a delayed effective date, on the date and at the time the record is accepted as evidenced by the department’s endorsement of the date and time on the filing.
(2) If the record filed specifies an effective time, but not a prior or delayed effective date, on the date the record is accepted, as evidenced by the department’s endorsement, and at the time specified in the filing.
(3) If the record filed specifies a delayed effective date, but not an effective time, at 12:01 a.m. on the earlier of:
(a) The specified date; or
Terms Used In Florida Statutes 605.0207
- Articles of organization: means the articles of organization required under…. See Florida Statutes 605.0102
- Business day: means Monday through Friday, excluding any day that a national banking association is not open for normal business transactions. See Florida Statutes 605.0102
- Day: means a calendar day. See Florida Statutes 605.0102
- Department: means the Department of State. See Florida Statutes 605.0102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 605.0102
(b) The 90th day after the record is filed.
(4) If the record filed specifies a delayed effective date and an effective time, at the specified time on or the earlier of:
(a) The specified date; or
(b) The 90th day after the record is filed.
(5) If the record filed is the initial articles of organization and specifies an effective date before the date of the filing, but no effective time, at 12:01 a.m. on the later of:
(a) The specified date; or
(b) The 5th business day before the record is filed.
(6) If the record filed is the initial articles of organization and specifies an effective time and an effective date before the date of the filing, at the specified time on the later of:
(a) The specified date; or
(b) The 5th business day before the record is filed.
(7) If the record filed does not specify the time zone or place at which the date or time, or both, is to be determined, the date or time, or both, at which it becomes effective shall be those prevailing at the place of filing in this state.