eLaws of Florida

  SECTION 607.0124. Correcting filed document; withdrawal of filed record before effectiveness.  


Latest version.
  • 1(1) 2A domestic or foreign corporation may correct a document filed by the department if:
    16(a) 17The document contains an inaccuracy;
    22(b) 23The document contains false, misleading, or fraudulent information;
    31(c) 32The document was defectively signed, attested, sealed, verified, or acknowledged; or
    43(d) 44The electronic transmission of the document to the department was defective.
    55(2) 56A document is corrected:
    60(a) 61By preparing articles of correction that:
    671. 68Describe the document (including its filing date) or attach a copy of the document to the articles of correction;
    872. 88Specify the inaccuracy or defect to be corrected; and
    973. 98Correct the inaccuracy or defect; and
    104(b) 105By delivering the articles of correction to the department for filing, signed in accordance with s. 121607.0120122.
    123(3) 124Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.
    164(4) 165Articles of correction may not contain a delayed effective date for the correction.
    178(5) 179Unless otherwise provided for in s. 185607.1107(2), 186s. 187607.11923(3), 188or s. 190607.11934(3), 191a filing delivered to the department may be withdrawn before it takes effect by delivering a withdrawal statement to the department for filing.
    214(a) 215A withdrawal statement must:
    2191. 220Be signed by each person who signed the filing being withdrawn, except as otherwise agreed to by such persons;
    2392. 240Identify the filing to be withdrawn; and
    2473. 248If not signed by all persons who signed the filing being withdrawn, state that the filing is withdrawn in accordance with the agreement of all persons who signed the filing.
    278(b) 279On the filing by the department of a withdrawal statement, the action or transaction evidenced by the original filing does not take effect.
    302(6) 303Articles of correction that are filed to correct false, misleading, or fraudulent information are not subject to a fee of the department if the articles of correction are delivered to the department within 15 days after the notification of filing sent pursuant to s. 347607.0125(2)348.
History.-s. 7, ch. 89-154; s. 4, ch. 93-281; s. 15, ch. 99-218; s. 4, ch. 2003-283; s. 3, ch. 2018-58; s. 7, ch. 2019-90.

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