Also known as:effective dates · eff. date · effectivity date
Written by attorneys · grounded in primary & secondary sources — see below
The date on which a statute, contract, insurance policy, or other instrument becomes enforceable or otherwise takes effect.
Sources & Authorities
How it applies
Common Examples
6
Corporate Formation Timing
Eva Espinosa filed articles of incorporation for Edgewater Capital on a Tuesday morning without specifying any delayed date. The secretary of state accepted the filing that afternoon. Corporate existence therefore commenced immediately upon filing, allowing the company to enter binding contracts the next day.
Support Order Modification
Esme Ellington obtained a child-support order in State A. After a tribunal in State B modified the order, Esme sought relief for violations that occurred before the modification took effect. The original tribunal could still enforce those pre-modification arrears under its own order.
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Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Hornbooks
Study Supplements
Dictionaries
Ethan Evans created an irrevocable trust that authorized distributions for the beneficiary's health, education, support, or maintenance. The trustee measured those terms against the Internal Revenue Code sections as they stood on the effective date of the Uniform Trust Code in the enacting state.
Power of Appointment Creation
Erika Echevarria's will purported to grant her daughter a power of appointment over trust assets. The daughter died two weeks before the will took effect. No power of appointment was ever created, rendering any attempted exercise by the daughter's estate ineffective.
Tender Offer Exchange Timing
Elijah Edwards's company announced an exchange offer for shares in a target corporation. While awaiting the effective date of the exchange offer, the company purchased additional target shares from institutional holders. Those purchases occurred before the offer's effective date and raised questions under then-pending SEC rules.
Piper v. Chris-Craft Industries, Inc.430 U.S. 1, 40 (1977)
Merger Appraisal Demand
Elise Everly's shares in a target corporation were cashed out in a merger. Several days before the merger's effective date, she made a timely demand for appraisal. The demand preserved her right to seek judicial determination of fair value after the merger closed.
When does corporate existence begin if the articles of incorporation do not specify a delayed effective date?+
Corporate existence begins when the articles are filed with the secretary of state. The filing itself fixes the effective date of incorporation unless the articles expressly provide for a later date.
Supporting sources
Can a tribunal enforce arrears that accrued before the effective date of a modified child-support order?+
Yes. The original tribunal retains authority to enforce its order as to arrears and interest that accrued before the modification took effect, even after another state modifies the order.
Supporting sources
What happens to a power of appointment if the donee dies before the creating document becomes effective?+
The power is never created. Any attempted exercise of the power after the donee's death is ineffective because the document conferring the power had not yet taken effect.
Supporting sources
How does the effective date of a trust code affect the definition of an ascertainable standard?+
The standard is measured by reference to the Internal Revenue Code sections as they existed on the effective date of the trust code in the enacting jurisdiction, or as later amended if the code so provides.
Supporting sources
426 A.2d at 1342-1343, 1348-1350Business Associations
…become effective until several weeks following the trial, they had been promulgated prior to the trial and their impending effective date was known to all at the time of the trial. For this reason, and because of its established reliability, the evidence was admitted in the form offered.[^maj-2] The Dillon, Read report, as…