(1) Except as provided in subsection (2) of this section and KRS § 14A.2-090(3), a document delivered to the Secretary of State for filing shall be effective:
(a) On the date and at the time of filing, as evidenced by such means as the Secretary of State may use for the purpose of recording the date and time of filing; or

Terms Used In Kentucky Statutes 14A.2-070

  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(b) At the time specified in the document as its effective time on the date it is effective.
(2) A document may specify a delayed effective time and date, and if it does so the document shall become effective at the time and date specified. If a delayed effective date but no time is specified, the document shall be effective as of 5 p.m. prevailing time in Frankfort, Kentucky, on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed; a document delivered for filing with a delayed effective date more than ninety (90) days after the date of filing will be effective on the ninetieth day thereafter. A document cannot have an effective time or date preceding the document’s filing by the Secretary of State.
(3) A document filed by the Secretary of State shall be effective regardless of a failure to file the document with the county clerk pursuant to KRS § 14A.2-040.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 14, effective January 1, 2011.