§ 5-55 — Filing in Office of Secretary of State

(a) Whenever any provision of this Act requires a limited liability company to file any document with the Office of the Secretary of State, the requirement means that: (1) the original document, executed as described in Section 5-45, and, if required by this Act to be filed in duplicate, one copy (which may be a signed carbon or photocopy) shall be delivered to the Office of the Secretary of State; (2) all fees and charges authorized by law to be collected by the Secretary of State in connection with the filing of the document shall be tendered to the Secretary of State; and (3) unless the Secretary of State finds that the document does not conform to law, he or she shall, when all fees have been paid: (A) endorse on the original and on the copy the word "Filed" and the month, day, and year of the filing thereof; (B) file in his or her office the original of the document; and (C) return the copy to the person who filed it or to that person's representative. (b) If another Section of this Act specifically prescribes a manner of filing or signing a specified document that differs from the corresponding provisions of this Section, then the provisions of the other Section shall govern. (c) Whenever any provision of this Act requires a limited liability company that is a bank or a savings bank to file any document, that requirement means that the filing shall be made exclusively with the Department of Financial and Professional Regulation or, if the bank or savings bank is organized under federal law, with the appropriate federal banking regulator at such times and in such manner as required by the Department or federal regulator.

Legislative History

(Source: P.A. 99-227, eff. 8-3-15.)