§ 7-90-305 — Correcting filed document

(1) A person may deliver to the
secretary of state, for filing pursuant to this part 3, a statement of correction to:

(a) Correct a filed document if the filed document contains information that
was incorrect at the time the document was delivered to the secretary of state for
filing pursuant to this part 3; or

(b) Revoke a filed document pursuant to section 7-90-304 (3) or revoke a
filed document that was delivered to the secretary of state for filing in error.

(2) A statement of correction:

(a) [ Editor's note: This version of paragraph (a) is effective until ninety days
following certification by the secretary of state. (See the editor's note following
this section.) ] Shall state the entity name of the entity to which the document
relates or, if the entity to which the document relates does not have an entity name,
shall state the true name of the entity, or, in the case of a trade name, shall state
the trade name and the name of the person transacting business or conducting
activities under such name, or, in the case of a statement of trademark registration
or any other document relating to a statement of trademark registration, shall
identify the statement of trademark registration in a manner satisfactory to the
secretary of state;

(a) [ Editor's note: This version of paragraph (a) is effective ninety days
following certification by the secretary of state. (See the editor's note following
this section.) ] Shall state the entity name of the entity to which the document
relates or, if the entity to which the document relates does not have an entity name,
shall state the true name of the entity, or, in the case of a trade name, shall state
the trade name and the name of the person transacting business or conducting
activities under such name, or, in the case of a statement of trademark registration
or any other document relating to a statement of trademark registration, shall
identify the statement of trademark registration in a manner satisfactory to the
secretary of state, or, in the case of a commercial registered agent, shall state the
name of the commercial registered agent as reflected in the records of the
secretary of state;

(b) Shall identify the filed document to the satisfaction of the secretary of
state;

(c) Shall state the information, if any, contained in the filed document to be
corrected;

(d) Shall state each such correction;

(d.5) Shall state each addition or deletion of information, if any; and

(e) Must, if it revokes a filed document, state that the filed document is
revoked either pursuant to section 7-90-304 (3) or because the filed document was
delivered to the secretary of state for filing in error, whichever is applicable.

(3) (Deleted by amendment, L. 2003, p. 2292, � 202, effective July 1, 2004.)

(4) Except as otherwise provided in this subsection (4), a statement of
correction is effective on the effective date of the filed document it corrects or
revokes as such date is stated in the records of the secretary of state. As to persons
relying on the filed document before it is corrected or revoked and adversely
affected by the correction or revocation, a statement of correction is effective
when filed. A statement of correction that corrects the effective date of a filed
document to an earlier date is effective on such earlier date or on the date the filed
document was filed in the records of the secretary of state as such date is stated in
the records of the secretary of state, whichever is later. A statement of correction
may not state a delayed effective date for the effectiveness of the statement of
correction itself.

Legislative History

Source: L. 97: Entire article added, p. 1519, � 21, effective June 3. L. 98: (2), (3), and (4) amended, p. 621, � 20, effective July 1. L. 2002: (1), (2)(b), (2)(c), and (3) amended, p. 1841, � 94, effective July 1; (1), (2)(b), (2)(c), and (3) amended, p. 1706, � 92, effective October 1. L. 2003: Entire section amended, p. 2292, � 202, effective July 1, 2004. L. 2004: (1), (2), and (4) amended, p. 1480, � 214, effective July 1. L. 2005: (2) amended, p. 1207, � 9, effective October 1. L. 2006: (2)(a) amended, p. 872, � 51, effective May 30; (2)(a) amended, p. 118, � 2, effective May 29, 2007. L. 2007: (1)(a), (2)(c), and (2)(d) amended and (2)(d.5) added, p. 241, � 29, effective May 29. L. 2012: (2)(a) amended, (SB 12-123), ch. 171, p. 611, � 3, effective (see editor's note). L. 2016: (1)(b), (2)(e), and (4) amended, (HB 16-1330), ch. 240, p. 984, � 1, effective August 10.