Section 10-12-12

(Applicable to limited liability companies organized after January 1, 1998, limited liability companies not electing to come under the pre-1997 changes, and to all limited liability companies after December 31, 2000.) Filing.

(a) The articles of organization and two copies shall be delivered to the probate judge. If the probate judge finds that the articles of organization conform to law, the probate judge shall, upon receipt of all fees required by this chapter:

(1) Endorse on the articles of organization and on each of the copies the word "Filed," and the hour, day, month, and year of the filing.

(2) File the articles of organization in the office of the probate judge and certify the two copies.

(3) Issue one certified copy of the articles of organization, and return the certified copy to the organizer or members.

(4) Within 10 days after the issuance of the certified copy of the articles of organization, transmit to the Secretary of State a certified copy of the articles of organization, indicating thereon the place, date, and time of filing of the articles of organization.

(b) For failure of the probate judge to comply with the requirement in subdivision (4) of subsection (a) of this section, the probate judge shall forfeit $50 to the state, to be recovered in an action by the state.

(c) An amendment and two copies shall be delivered to the office of the probate judge in which the articles of organization are filed. A person who executes an amendment as an agent or fiduciary need not exhibit evidence of authority as a prerequisite to filing. If the probate judge finds that the amendment substantially conforms to law, the probate judge shall, upon receipt of all filing fees required by this chapter:

(1) Endorse on the amendment the word "Filed" and the day, month, and year of the filing thereof.

(2) File the endorsed amendment in the office of the probate judge.

(d) Upon the filing of the amendment in the office of the probate judge, the articles of organization shall be amended as set forth therein.

(Acts 1993, No. 93-724, p. 1425, §12; Act 97-920, 1st Ex. Sess., p. 312, §1.)