25.15.095 - Filing. - Washington Statutes

Filing.

(1) The original signed copy, together with a duplicate copy that may be either a signed, photocopied, or conformed copy, of the certificate of formation or any other document required to be filed pursuant to this chapter, except as set forth under RCW 25.15.105 or unless a duplicate is not required under rules adopted under RCW 25.15.007, shall be delivered to the secretary of state. If the secretary of state determines that the documents conform to the filing provisions of this chapter, he or she shall, when all required filing fees have been paid:

     (a) Endorse on each signed original and duplicate copy the word "filed" and the date of its acceptance for filing;

     (b) Retain the signed original in the secretary of state's files; and

     (c) Return the duplicate copy to the person who filed it or the person's representative.

     (2) If the secretary of state is unable to make the determination required for filing by subsection (1) of this section at the time any documents are delivered for filing, the documents are deemed to have been filed at the time of delivery if the secretary of state subsequently determines that:

     (a) The documents as delivered conform to the filing provisions of this chapter; or

     (b) Within twenty days after notification of nonconformance is given by the secretary of state to the person who delivered the documents for filing or the person's representative, the documents are brought into conformance.

     (3) If the filing and determination requirements of this chapter are not satisfied completely within the time prescribed in subsection (2)(b) of this section, the documents shall not be filed.

     (4) Upon the filing of a certificate of amendment (or judicial decree of amendment) or restated certificate in the office of the secretary of state, or upon the future effective date or time of a certificate of amendment (or judicial decree thereof) or restated certificate, as provided for therein, the certificate of formation shall be amended or restated as set forth therein.

[2010 c 196 § 4; 2002 c 74 § 18; 2001 c 307 § 4; 1994 c 211 § 206.]

Notes: Captions not law -- 2002 c 74: See note following RCW 19.09.020.

Effective date -- 2001 c 307: See note following RCW 23B.16.220.