§ 7-90-310 — Proof of delivery for filing

(1) The secretary of state may
consider a document to have been received for filing upon proof of such receipt as
evidenced by a signed return receipt, an entry in records maintained by the
secretary of state of electronic or facsimile transmissions received by the secretary
of state, or such other or additional proof of receipt of the documents received as
the secretary of state may require. Such proof must be satisfactory to the secretary
of state before the document will be considered received.

(2) The secretary of state may require that the receipt of a document by
facsimile transmission on or after February 11, 1994, be shown in the records of the
secretary of state of facsimile transmissions received by the secretary of state. The
secretary of state may condition relief under this section upon fulfillment of such
other requirements or conditions that the secretary of state determines
appropriate, including, without limitation, the making of a change of entity name of
the entity involved and payment of fees for the filing.

(3) Application for relief under this section shall be made in writing and
delivered to the secretary of state within sixty days after the purported date of
receipt of such document by the secretary of state. The application shall contain
information satisfactory to the secretary of state to enable the secretary of state to
identify the transaction.

Legislative History

Source: L. 97: Entire article added, p. 1521, � 21, effective June 3. L. 98: Entire section amended, p. 622, � 22, effective July 1. L. 2004: Entire section amended, p. 1483, � 220, effective July 1.