When Filings Take Effect.

Ala. Code tit. 10A, ch. 1, art. 4, div. B

in effect

Ala. Code § 10A-1-4.11 General Rule.

10A-1-4.11. General Rule. A filing instrument submitted to the filing officer takes effect on the date and time of the actual receipt by the filing officer, except as permitted by Section 10A-1-4.12 or as provided by the provisions of this title which apply to the entity making the filing or other law. (Act 2009-513, p. 967, §29; Act 2019-94, §2; Act 2020-73, §5.)

Ala. Code § 10A-1-4.12 Time and Date of Effectiveness for Certain Filings; Time Zones.

10A-1-4.12. Time and Date of Effectiveness for Certain Filings; Time Zones. (a) Except as otherwise provided by Section 10A-1-4.14, a filing instrument may take effect at a specified date and time after the time the instrument would otherwise take effect as provided by this title for the entity filing the instrument. (b) If a filing instrument is to take effect on a specific date and time other than that provided by this title: (1) the date may not be later than the 90th day after the date the instrument is delivered to the filing officer for filing; (2) the specific time at which the instrument is to take effect may not be specified as “12:00 a.m.” or “12:00 p.m.”; and (3) if a delayed effective date is specified, but no time is specified, at 12:01 a.m. on the date specified, which may not be more than 90 days after the date the instrument is delivered to the filing officer for filing. (c) If a filing instrument does not specify the time zone or the place at which a date or time, or both, is to be determined, the date or time, or both, at which it becomes effective shall be those prevailing at the place of filing in this state. (Act 2009-513, p. 967, §29; Act 2018-125, §1; Act 2020-73, §5.)

Ala. Code § 10A-1-4.13 Abandonment Before Effectiveness.

10A-1-4.13. Abandonment Before Effectiveness. (a) The parties to a filing instrument may abandon the filing instrument if the instrument has not taken effect. (b) To abandon a filing instrument the parties to the instrument must file with the filing officer a certificate of abandonment. (c) A certificate of abandonment must: (1) be signed on behalf of each entity that is a party to the action or transaction by the person authorized by this title to act on behalf of the entity; (2) state the nature of the filing instrument to be abandoned, the date of the instrument, and the parties to the instrument; and (3) state that the filing instrument has been abandoned in accordance with the agreement of the parties. (d) On the filing of the certificate of abandonment, the action or transaction evidenced by the original filing instrument is abandoned and may not take effect. (e) If in the interim before a certificate of abandonment is filed, the name of an entity that is a party to the action or transaction becomes indistinguishable on the records of the Secretary of State from the name of another entity already on file or reserved or registered pursuant to this title, the filing officer may not file the certificate of abandonment unless the entity by or for whom the certificate is filed changes its name in the manner provided by this title for that entity. (Act 2009-513, p. 967, §29; Act 2019-94, §2.)

Ala. Code § 10A-1-4.14 Delayed Effectiveness Not Permitted.

10A-1-4.14. Delayed Effectiveness Not Permitted. The effect of the following filing instruments may not be delayed: (1) a reservation of name as provided by Division B of Article 5; (2) a registration of name as provided by Division C of Article 5; (3) a certificate of abandonment as provided by Section 10A-1-4.13; (4) a certificate of correction as provided by Division C of this Article 4; or (5) a certificate of nullification as provided by Division C of this Article 4. (Act 2009-513, p. 967, §29; Act 2026-495, §1.)

Ala. Code § 10A-1-4.15 Acknowledgement of Filing with Delayed Effectiveness.

10A-1-4.15. Acknowledgement of Filing with Delayed Effectiveness. An acknowledgment of filing issued or other action taken by the filing officer affirming the filing of a filing instrument that has a specific delayed effective date must state the date and time at which the instrument takes effect. (Act 2009-513, p. 967, §29; Act 2019-94, §2.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026