SECTION 79.71. Determining the Date of the 90th Day after the Date of Filing

(a) For purposes of filing documents which will become effective upon the occurrence of events or facts that may occur in the future pursuant to §4.052 and §4.054 of the Texas Business Organizations Code, the date of the 90th day after the date of filing shall be deemed to be 90 days after the document is delivered in person or placed in the United States post office or in the hands of a common or contract carrier properly addressed to the Office of the Secretary of State. The postmark or receipt mark (if received by a common or contract carrier) will be prima facie evidence of the date that such statement was deposited with the post office or carrier. The person filing the document may show by competent evidence that the actual date of posting was to the contrary.

(b) If a document submitted with a delayed effective condition pursuant to §4.052 and §4.054 of the Texas Business Organizations Code, does not conform to law, it will be returned to sender. When the document is corrected and resubmitted, the date of the 90th day after the date of filing may be recalculated and restated in the document to be 90 days after the document is resubmitted by delivery in person or placement in the United States post office or in the hands of a common or contract carrier properly addressed to the Office of the Secretary of State. The postmark or receipt mark generated in connection with the resubmission (if received by a common or contract carrier) will be prima facie evidence of the date that such statement was deposited with the post office or carrier. The person filing the document may show by competent evidence that the actual date of posting of the resubmission was to the contrary. The secretary of state will refer to the contents of the document to determine the date of the 90th day from the date of filing or refiling.

(c) To calculate the date of the 90th day from the date of filing, refer to calendar days as set forth in §71.83(3) of this title (relating to Definitions).

Source Note: The provisions of this §79.71 adopted to be effective February 18, 1998, 23 TexReg 1529; amended to be effective January 1, 2010, 34 TexReg 9169