Sec 29-634. Filing with the commission

A. The signed original articles of organization, the application for a certificate of registration or any other document required to be filed pursuant to this chapter shall be delivered to the commission. The commission shall file a document delivered to the commission for filing if all of the following apply:

1. The commission determines that the document conforms to the filing provisions of this chapter.

2. The limited liability company filing the document or on whose behalf the document is being filed is in good standing within the meaning of section 29-614.

3. All fees required pursuant to section 29-851 have been paid.

B. The commission may file a document delivered to the commission in which either the limited liability company has filed articles of termination or the limited liability company has filed a document that is required to bring the limited liability company into good standing. The commission shall:

1. Endorse, stamp or attach on the original document the word "filed" and the date and time of its acceptance for filing.

2. Retain the signed original document in the commission's files.

3. Return a copy of the filed document to the person who filed it or the person's representative.

C. If the commission is unable to make the determination required for filing by subsection A of this section at the time any documents are delivered for filing, the documents are deemed to have been filed at the time of delivery if the commission subsequently determines either of the following:

1. The documents as delivered conform to the filing provisions of this chapter.

2. Within thirty days after notification of nonconformance is given by the commission to the person who delivered the documents for filing or the person's representative, the documents are brought into conformance.

D. A document may specify a delayed effective time or date, or both, and is effective at that specified time and date. If the document specifies a delayed effective date but does not specify the time, the document is effective on the specified date at 12:01 a.m. mountain standard time. A delayed effective date for a document may not be later than the ninetieth day after the date the document is delivered to the commission for filing.

E. If the filing and determination requirements of this chapter are not satisfied completely within the time prescribed in subsection C, paragraph 2 of this section, the documents shall not be filed.