§ 5-47 — Statement of correction

(a) Whenever any instrument authorized to be filed with the Secretary of State under any provision of this Act has been so filed and, as of the date of the action therein referred to, contains any misstatement of fact, typographical error, error of transcription, or other error or defect or was defectively or erroneously executed, such instrument may be corrected by filing, in accordance with Section 5-45 of this Act, a statement of correction. (b) A statement of correction shall set forth: (1) The name of the limited liability company and the state or country under the laws of which it is organized. (2) The title of the instrument being corrected and the date it was filed by the Secretary of State. (3) The inaccuracy, error, or defect to be corrected and the portion of the instrument in corrected form. (c) A statement of correction shall be executed in the same manner in which the instrument being corrected was required to be executed. (d) The corrected instrument shall be effective as of the date the original instrument was filed. (e) A statement of correction shall not: (1) Effect any change or amendment of articles which would not in all respects have complied with the requirements of this Act at the time of filing the instrument being corrected. (2) Take the place of any document, statement, or report otherwise required to be filed by this Act. (3) Affect any right or liability accrued or incurred before such filing, except that any right or liability accrued or incurred by reason of the error or defect being corrected shall be extinguished by such filing if the person having such right has not detrimentally relied on the original instrument. (4) (Blank). (5) (Blank). (6) (Blank). (7) Alter the wording of any resolution as filed in any document with the Secretary of State and which was in fact adopted by the members or managers.

Legislative History

(Source: P.A. 99-637, eff. 7-1-17 .)