NMSA 54-2A-206. Delivery to and filing of records by secretary of state;

54-2A-206. Delivery to and filing of records by secretary of state; effective time and date. A. Duplicate originals of a record authorized or required to be delivered to the secretary of state for filing pursuant to the Uniform Revised Limited Partnership Act must: (1) be captioned to describe the record's purpose; (2) be in a medium permitted by the secretary of state; (3) use the English language, except for proper names, which must use letters of the English alphabet, and Arabic numbers; (4) state any identification number issued by the secretary of state to the limited partnership to which the record refers, to any filed record to which the record refers, or both; (5) be accompanied by the fee required by Section 210 [54-2A-210 NMSA 1978] of that act, or an amount greater than that fee, but any amount greater than that fee shall not be refunded; and (6) be delivered to the secretary of state. B. Unless the secretary of state determines that a record does not comply with the filing requirements of the Uniform Revised Limited Partnership Act, and if all filing fees have been paid, the secretary of state shall endorse on each duplicate original the word "filed" and the day, month and year of filing, file one duplicate original of the record and: (1) for a statement of dissociation, send: (a) a duplicate original of the filed statement and a receipt for the fees to the person that the statement indicates has dissociated as a general partner; and (b) a copy of the filed statement and receipt to the limited partnership; (2) for a statement of withdrawal by a person pursuant to Section 306 of the Uniform Revised Limited Partnership Act, send: (a) a duplicate original of the filed statement and a receipt for the fees to the person on whose behalf the record was filed; and (b) if the statement refers to an existing limited partnership, a copy of the filed statement and receipt to the limited partnership; and (3) for all other records, send a duplicate original of the filed record and a receipt for the fees to the person on whose behalf the record was filed. C. Upon request and payment of a fee, the secretary of state shall send to the requester a certified copy of the requested record. D. Except as otherwise provided in Sections 116 [54-2A-116 NMSA 1978] and 207 [54-2A-207 NMSA 1978] of the Uniform Revised Limited Partnership Act, a record delivered to the secretary of state for filing pursuant to the Uniform Revised Limited Partnership Act may specify an effective time and a delayed effective date. Except as otherwise provided in the Uniform Revised Limited Partnership Act, a record filed by the secretary of state is effective: (1) if the record does not specify an effective time and does not specify a delayed effective date, on the date and at the time the record is filed as evidenced by the secretary of state's endorsement of the date and time on the record; (2) if the record specifies an effective time but not a delayed effective date, on the date the record is filed at the time specified in the record; (3) if the record specifies a delayed effective date but not an effective time, at 12:01 a.m. on the earlier of: (a) the specified date; or (b) the ninetieth day after the record is filed; or (4) if the record specifies an effective time and a delayed effective date, at the specified time on the earlier of: (a) the specified date; or (b) the ninetieth day after the record is filed. History: Laws 2007, ch. 129, § 206.