Alabama § 10A-1-3.08 Filings Before January 1, 2021

Alabama Statutes

§ 10A-1-3.08 — Filings Before January 1, 2021

Alabama § 10A-1-3.08

JurisdictionAlabama

Title 10AAlabama Business and Nonprofit Entities Code

Ch. 1General Provisions

Art. 3Formation and Governance

Div. AFormation, Existence, and Certificate

This text of Alabama § 10A-1-3.08 (Filings Before January 1, 2021) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 10A-1-3.08 (2026).

Text

(a)Filing instruments that (i) were required or permitted to be delivered for filing to a filing officer other than the Secretary of State prior to January 1, 2021, (ii) were delivered for filing to a filing officer other than the Secretary of State prior to January 1, 2021, (iii) were accepted by that filing officer and filed by that filing officer prior to January 1, 2021, and (iv) would, if they were delivered for filing on or after January 1, 2021, be required or permitted to be delivered to the Secretary of State for filing shall:

(1)remain in full force and effect until amended, restated, revoked, or otherwise altered by a filing instrument filed with the Secretary of State for that purpose; and

(2)not be affected as to their validity on or after January 1, 2021, solely by reason

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(a) Filing instruments that (i) were required or permitted to be delivered for filing to a filing officer other than the Secretary of State prior to January 1, 2021, (ii) were delivered for filing to a filing officer other than the Secretary of State prior to January 1, 2021, (iii) were accepted by that filing officer and filed by that filing officer prior to January 1, 2021, and (iv) would, if they were delivered for filing on or after January 1, 2021, be required or permitted to be delivered to the Secretary of State for filing shall:
(1) remain in full force and effect until amended, restated, revoked, or otherwise altered by a filing instrument filed with the Secretary of State for that purpose; and
(2) not be affected as to their validity on or after January 1, 2021, solely by reason of the change of location of filings for similar filing instruments on or after January 1, 2021, to the office of the Secretary of State.
(b) A filing entity that has one or more filing instruments that are described in clauses (i) through (iv) of subsection (a) and that are not in the records of the Secretary of State, may, but is not required to, deliver to the Secretary of State for filing on or after January 1, 2021, a certificate of information. The certificate of information shall include the following information:
(1) the name of the entity;
(2) the type of entity;
(3) the date of formation of the entity;
(4) the unique identifying number or other designation assigned by the Secretary of State, if any;
(5) a list of all of the filing instruments known to the entity that are described in clauses (i) through (iv) of subsection (a) that are not in the records of the Secretary of State, which list must include the title of each filing instrument, the date of the filing of each filing instrument, and the filing officer with whom each filing instrument was delivered for filing;
(6) an attached certified copy of the certificate of formation then in effect if not in the records of the Secretary of State; and
(7) an attached certified copy of any other filing instruments of that entity then in effect that are not in the records of the Secretary of State that the entity determines to have in the records of the Secretary of State.