Also known as: effective days · effective date
Written by attorneys · grounded in primary & secondary sources — see below
A date on which a legal instrument, order, filing, or statutory provision becomes operative and enforceable. The date is fixed either by the terms of the document itself or by operation of the governing statute or rule unless a delayed date is expressly provided.
Eastern Electric filed articles of incorporation on March 15 without specifying any later date. The secretary of state accepted the filing that same day. Corporate existence therefore began immediately, allowing the company to enter binding contracts the following week without personal liability for the organizers.
Emmett Egan obtained a child-support order in State A. After State B modified the order, State A retained authority to award relief for any violations that occurred before the modification took effect. The court therefore calculated arrears using the original order up to the modification date.
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Echo Systems created an irrevocable trust directing distributions for a beneficiary's health and education. The trustee applied the ascertainable-standard definition that was in effect on the date the trust code became operative. Later amendments to the Internal Revenue Code did not alter the standard used for this trust.
Edward Everett executed a will attempting to grant his daughter a power of appointment over trust property. The daughter died two weeks before the will was admitted to probate. Because she died before the document's effective date, no power of appointment was ever created.
The City of Hialeah passed an ordinance regulating animal sacrifice. The ordinance stated it would become effective upon signing by the mayor. Once signed, the provisions applied immediately to pending permit applications without any further grace period.
A state statute reapportioning legislative districts was enacted on June 1. The law specified that it would take effect on the first day of the next regular legislative session. Until that session began, the prior district lines remained in force for all elections.
Corporate existence begins on the filing date unless the articles expressly specify a later date. The delayed date postpones only the start of corporate existence and does not affect the validity of the filing itself.
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Yes. The tribunal that issued the original order may still enforce it as to arrears and interest that accrued before the modification and may award appropriate relief for violations occurring before the effective date of the modification.
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No power is created. Any attempted exercise of the power is ineffective because the document conferring the power never took effect during the donee's lifetime.
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…waived representation by counsel." "§ 3207. Abortion facilities. . . . . . "(b) Reports.—Within 30 days after the effective date of this chapter, every facility at which abortions are performed shall file, and update immediately upon any change, a report with the department, containing the following…