SECTION 79.9. Date of Filing

(a) An employee of the secretary of state will stamp all documents filed in the Corporations Section with the date of filing. The hour of filing is not noted. However, documents permitted by law to contain delayed effective dates and times may designate a time of effectiveness within the contents of the document. The time of transmission generated on or appearing on a letter or document will not be regarded by the Office of the Secretary of State as its hour of filing.

(b) Except as provided in §79.10 of this title (relating to Requested Date of Filing), the date of filing of documents which conform to law and for which the filing fee has been paid will be the same date as the date of receipt. If a document does not conform to law, it will be returned to the sender. When the document is corrected and resubmitted, the date of filing of the document will be the same date as the date of the last receipt. The date of filing may not be a date prior to the date on which the document is found to conform to law.

Source Note: The provisions of this §79.9 adopted to be effective January 1, 1976; amended to be effective March 3, 1981, 6 TexReg 675; amended to be effective January 1, 2010, 34 TexReg 9169