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Topic: Received Date vs. Filing Date

Question by: Patrick Reed

Jurisdiction: Washington

Date: June 22, 2016

|Jurisdiction |Question(s) |

| |How does your jurisdiction determine the “Filed” date for entities? This could apply to original formations, annual reports, or maintenance documents. |

| | |

| |• Is it based on the original date the document was received? |

| | |

| |• If the filing is rejected for corrections (information or payment), does it still receive the original submission date after corrections are made, or does it get the |

| |new date everything was complete for filing? |

| | |

| |• Does it get the date it was processed by staff regardless of the received date? |

|Manitoba | |

|Corporations Canada |Yes, Corporations Canada uses the date that the document was received as the filed date. However, it is possible for clients to request a future effective date when |

| |filing articles (For example, Incorporation, Amalgamation). |

| |If the filing is rejected because it is incomplete (for example, documents are missing, forms are missing information and/or are unsigned, missing fee), the filed date |

| |will be the date on which the complete (for example, it includes all documents, forms are complete and signed, fee is included) application is received. If the complete |

| |application is returned to the client for not complying with the requirements of the legislation, then the filing may still receive the original submission date after |

| |corrections are made. |

| |No |

|Alabama | |

|Alaska | |

|Arizona |Yes, per statute. |

| |With corporation formation documents, and with all LLC documents, if the rejected document is returned within 30 days of the date of the rejection letter, then the |

| |resubmitted document will get the original received date. All other corporation docs, and LLC docs that miss the 30 day window, get the new received date (the date of |

| |resubmission). |

| |No. Our statutes specify received date is the filed date once the document is approved for filing (examined). |

|Arkansas | |

|California |See additional comments below |

|Colorado | |

|Connecticut |1.) Yes, provided the documents contains all the required elements for filing. |

| |2.) A rejected filing receives the date that the corrected filing is received. |

| |3.) See answers above. |

|Delaware | |

|District of Columbia |No |

| |New Data |

| |Yes that is correct. Filing date is our staff’s approval date regardless of customer’s submission date. If customer wants specific date on the document then requesting |

| |expedited service is the way to go since it assures customer that filing will be reviewed/approved/rejected by specific date (one or three days). |

|Florida |In Florida, documents get the date of receipt as the filed date. If a document is rejected and it is returned to us with a notation asking for the original date of |

| |receipt, the request is granted. Otherwise, it gets the date it was received the second time. |

|Georgia | |

|Hawaii |Yes, by statutes. |

| |If the filing is rejected, the new resubmitted date, with the corrected information or payment, will be the filed date. |

| |No, it is not processed date. If the initial filing is in compliance with our laws, the received date is the filed date. |

|Idaho | |

|Illinois | |

|Indiana |IN is required by statute to date and time stamp documents upon receipt. The effective date is the same as stamped dated (received date and time) unless the document |

| |states a future effective date (up to 90 days). |

| |Documents are stamped received again when returned and that date will be the effective date, unless there is a future effective date noted in the document. |

| |IN does not base the effective date on the processing time. The effective date is based on receipt. |

| | |

| |Our certificates reflect both the effective date (received date unless a future effective date is requested) of the filing and the date the filing was processed. |

| |If you would like a see an example our documents are all online. INBiz. |

| |You can do a business search without registering and look at filed documents and certificates |

|Iowa | |

|Kansas |The filing gets the time and date the document was accepted for filing. Not when it was received. |

|Kentucky | |

|Louisiana |1.) Yes, provided the documents contains all the required elements for filing. |

| |2.) A rejected filing receives the date that the corrected filing is received. |

| |3.) See answers above. |

|Maine |The file date in Maine is the date that the filing is received, however if the filing needs correction, the file date becomes the date it is in filing order, whether the |

| |filing is returned or is corrected in-house by customer. |

|Maryland | |

|Massachusetts | |

|Michigan | |

|Minnesota |No |

| |It will receive the date it was processed. |

| |Yes |

|Mississippi | |

|Missouri | |

|Montana | |

|Nebraska | |

|Nevada |Yes, provided the documents contains all the required elements for filing. |

| |A rejected filing receives the date that the corrected filing is received. |

| |See answers above. |

|New Hampshire | |

|New Jersey | |

|New Mexico | |

|New York | |

|North Carolina | North Carolina uses the date the document is actually examined and filed. |

| |The new date when the document is examined and filed. |

| |Yes |

|North Dakota | |

|Ohio |1.) Yes, provided the documents contains all the required elements for filing. |

| |2.) A rejected filing receives the date that the corrected filing is received. |

| |3.) See answers above. |

|Oklahoma | |

|Oregon | |

|Pennsylvania |Yes, per statute and regulation. |

| |Business documents (original formations, annual reports, or maintenance documents) which are resubmitted within 30 days of the date of the rejection letter, the |

| |resubmitted document will get the original received date. If the resubmission is received outside the 30 day window, it will get the date of resubmission. |

| |No. PA law and regulations specify received date is the filed date once the document is approved for filing (examined), with 30-day rule. |

|Rhode Island | |

|South Carolina | |

|South Dakota | |

|Tennessee | |

|Texas |With a few exceptions, the original date of filing shown in our records and in the certificate of filing is based on the date of receipt of a document and not on the date|

| |of processing. The original date of receipt is the date of filing only when the document received conforms to law (i.e., meets all statutory filing requirements and has |

| |sufficient fee). (administrative rule) |

| |The document does not get its original date of receipt in this case; it would get a file date that corresponds to the date we received the corrected/completed document. |

| |The only documents that receive the date of processing as the effective file date are: name reservations, transfers of name reservations, withdrawals of name |

| |reservations, foreign entity name registrations, and withdrawals of foreign entity name reservations. |

|Utah | |

|Vermont | |

|Virginia |No |

| |Resubmitted documents are filed after they are approved and upon entry in our system. |

| |Yes |

| |Our business entity documents become effective after they are reviewed, approved, and entered on the system (i.e., filed), unless the document provides for a later |

| |effective date, which can be up to 15 days after the date of filing. |

| | |

| |We provide Same Day and Next Day Expedited Services for those who need a document promptly reviewed and filed. |

|Washington | |

|West Virginia | |

|Wisconsin | |

|Wyoming | |

Additional comments:

CALIFORNIA:

1. California uses the date the document is received in fillable order as the file date for business entity filings. In some circumstances, the submitter has 72 hours to make a correction and receive the original submission date.

2. See answer above and 2 California Code of Regulations §21905.5:

3. No

21905.5. Request for Specific Filing Date

(a) The definitions provided in Sections 21903 and 21904 shall apply to this section.

(b) If an eligible document is returned without being filed for reasons specified in a filing response, the eligible document may be resubmitted for filing and may receive a file date of the original submission date, provided all of the following conditions are met:(1) the Customer specifically requested the original date of submission as a file date when initially submitting the document;

(2) the document is resubmitted for filing by the end of the third business day following the date of the first filing response;

(3) the document complies with law upon resubmission.

(c) If an eligible document is resubmitted more than once, the document will receive the earliest file date available under subdivision (b), treating each resubmission as an original submission.

(d) A requested file date cannot precede the date of execution of a document submitted for filing.

Note: Authority cited: Sections 110(a), 5008(a), 12214(a), 15628, 15902.06 and 17062, Corporations Code. Reference: Sections 110(a), 5008(a), 12214(a), 15620(a), 15628, 15902.06 and 17062, Corporations Code.

History

1. New section filed 8-8-2008; operative 9-7-2008 (Register 2008, No. 32).

Full text of email:

Good morning!

I have a question(s) for business filers.

Q= How does your jurisdiction determine the “Filed” date for entities? This could apply to original formations, annual reports, or maintenance documents.

• Is it based on the original date the document was received?

• If the filing is rejected for corrections (information or payment), does it still receive the original submission date after corrections are made, or does it get the new date everything was complete for filing?

• Does it get the date it was processed by staff regardless of the received date?

Thank you in advance for your answers!

Patrick

Patrick Reed

Operations Manager

Division of Corporations and Charities

Office of the Secretary of State

360.725.0358

patrick.reed@sos.

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