SEC. 79-11-111. Effective date of filed documents.
(1) Except as provided in subsection (2) of this section, a document is effective:
(a) At the time of filing on the date it is filed, as evidenced by the Secretary of State's endorsement on the original document; or
(b) At the time specified in the document as its effective time on the date it is filed.
(2) 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 filed.
(3) Notwithstanding subsections (1) and (2) 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, the parties to the document file a certification of cancellation with the Secretary of State.
SOURCES: Laws, 1987, ch. 485, Sec. 6; 1994, ch. 417, Sec. 4, eff from and after July 1, 1994.
1997 Amendment:
SECTION 43. Section 79-11-111, Mississippi Code of 1972, is amended as follows:
79-11-111. (1) Except as provided in subsection (2) of this section, a document is effective:
(a) 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
(b) At the time specified in the document as its effective time on the date it is filed.
(2) 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 filed.
(3) Notwithstanding subsections (1) and (2) 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, the parties to the document file a certification of cancellation with the Secretary of State.
SOURCE: 1997 Laws, Chapter 418, Sec. 43, HB1313, Effective July 1, 1997.