2010 Tennessee Code
Title 48 - Corporations And Associations
Chapter 249 - Tennessee Revised Limited Liability Company Act
Part 10 - Miscellaneous
48-249-1013 - Effective time and date of document.

48-249-1013. Effective time and date of document.

(a)  General.  Except as provided in subsection (b) and §§ 48-101-808, 48-249-201, 48-249-702, 48-249-703, 48-249-704, and 48-249-1008(c), a document accepted for filing is effective:

     (1)  At the time of filing on the date it is filed with the secretary of state, as evidenced by the office of the secretary of state's date and time endorsement on the original document; or

     (2)  At the time specified in the document as its effective time on the date it is filed with the secretary of state.

(b)  Delayed effectiveness.  A document may specify a delayed effective time or date. If a document specifies a delayed effective time and date, the document becomes effective at the time and date specified. If a document specifies a delayed effective date, but does not specify a delayed effective time, the document is effective at the close of business on the date specified. A delayed effective date for a document may not be later than the ninetieth (90th) day after the date it is filed with the secretary of state, except in the case of a certificate of merger filed under § 48-249-702, or a certificate of conversion and the accompanying articles of organization or other formational document, as applicable, filed under §§ 48-101-808, 48-249-703, or 48-249-704. Notwithstanding the provisions of this subsection (b), documents specified in § 48-249-1007(a)(2), (4), (6), (7), (8), (14), (19), (20), (24), (30) and (32) may not specify a delayed effective time or date.

(c)  Requirement for registered agent and office.  The secretary of state shall not complete the filing of any articles of organization of a domestic LLC, or application for a certificate of authority of a foreign LLC, unless that document designates the registered agent and registered office of such domestic or foreign LLC in accordance with § 48-249-109. The secretary of state shall not complete the filing of any other document delivered by a domestic or foreign LLC for filing under this chapter if the domestic or foreign LLC does not have a registered agent and registered office designated at the time the document is delivered for filing, unless, at the time the document is received for filing, the secretary of state also receives for filing a statement designating such registered agent or registered office or both, as applicable.

[Acts 2005, ch. 286, § 1; 2006, ch. 620, §§ 52, 53.]