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2020 Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 3 - Corporations and Associations
Chapter 32 - Small Business Entity Tax Pass Through Act
Subchapter 13 - Miscellaneous
§ 4-32-1308. Filing requirements

Universal Citation: AR Code § 4-32-1308 (2020)
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  1. (a) A document must satisfy the requirements of this section, and of any other section that adds to or varies from these requirements, to be entitled to filing by the Secretary of State.

  2. (b) This chapter must require or permit filing the document in the office of the Secretary of State.

  3. (c) The document must contain the information required by this chapter. It may contain other information as well.

  4. (d) The document must be typewritten or printed.

  5. (e) The document must be in the English language. A limited liability company or foreign limited liability company name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign limited liability companies need not be in English if accompanied by a reasonably authenticated English translation.

  6. (f) The document must be executed:

    1. (1) The original signed copy, together with a duplicate copy that may either be a signed, photocopied, or conformed copy, of any document required to be filed pursuant to this chapter, shall be delivered to the Secretary of State. When the Secretary of State determines that the documents conform to the filing provisions of this chapter and when all required filing fees, taxes, license fees, or penalties required by this chapter or other law have been paid, the Secretary of State shall:

      1. (A) Have endorsed on each signed original and duplicate copy the word “filed” and the date and time of the documents' acceptance for filing;

      2. (B) Retain the signed original in the Secretary of State's file; and

      3. (C) Return the duplicate copy to the person who filed it or the person's representative.

    2. (2) If at the time any documents are delivered for filing, the Secretary of State is unable to make the determination required for filing, the documents are deemed to have been filed at the time of delivery if the Secretary of State subsequently determines that:

      1. (A) The documents as delivered conform to the filing provisions of this chapter; and

      2. (B) The documents have been brought into conformance within twenty (20) days after notification of nonperformance is given by the Secretary of State to the person who delivered the documents for filing or that person's representative.

    3. (3) If the filing and determination requirements of this chapter are not satisfied within the time prescribed in subdivision (f)(2)(B) of this section, the documents shall not be filed.

    4. (4) A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed.

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