SEC. 79-4-1.23. Effective time and date of document.
(a) Except as provided in subsection (b) and Section 79-4-1.24 (c), a document accepted for filing is effective:
(1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's date and time endorsement on the original document; or
(2) At the time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed.
(c) Notwithstanding subsections (a) and (b) of this section, any document that has a delayed effective time and date shall not become effective if, prior to the effective time and date, a statement of withdrawal is filed with the Secretary of State.
SOURCES: Laws, 1987, ch. 486, Sec. 1.23; 1994, ch. 417 Sec. 5, eff from and after July 1, 1994.
1997 Amendment:
SECTION 2. Section 79-4-1.23, Mississippi Code of 1972, is amended as follows:
79-4-1.23. (a) Except as provided in subsection (b) and Section 79-4-1.24(c), a document accepted for filing is effective:
(1) At the date and time of filing * * *, as evidenced by such means as the Secretary of State may use for the purpose of recording the date and time of filing; or
(2) At the time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed.
(c) Notwithstanding subsections (a) and (b) of this section, any document that has a delayed effective time and date shall not become effective if, prior to the effective time and date, a statement of withdrawal is filed with the Secretary of State.
SOURCE: 1997 Laws, Chapter 418, Sec. 2, HB1313, Effective July 1, 1997.