Current through the 2024 Regular Session
Section 79-37-115 - Filing duty of Secretary of State(a) A document delivered to the Office of the Secretary of State for filing that satisfies the requirements of Section 79-37-111 must be filed by the Secretary of State.(b) The Secretary of State files a document by recording it as filed on the date and time of receipt. After filing a document, the Secretary of State shall deliver to the domestic or foreign entity or its representative a copy of the document with an acknowledgement of the date and time of filing.(c) If the Secretary of State refuses to file a document, the Secretary of State shall return the document to the domestic or foreign entity or its representative within five (5) days after the document was delivered, together with a brief, written explanation of the reason for the refusal.(d) The duty of the Secretary of State to file documents under this section is ministerial. The filing or refusal to file a document does not: (1) Affect the validity or invalidity of the document in whole or in part;(2) Relate to the correctness or incorrectness of information contained in the document; or(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.Added by Laws, 2014, ch. 399, SB 2322, 15, eff. 1/1/2015.