Current through the 2024 Regular Session
Section 79-4-1.25 - Duty of Secretary of State(a) If a document delivered to the Office of the Secretary of State for filing satisfies the requirements of Section 79-4-1.20, the Secretary of State shall file it.(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 corporation or its representative a copy of the document with an acknowledgment of the date and time of filing.(c) If the Secretary of State refuses to file a document, he shall return it to the domestic or foreign corporation or its representative within ten (10) days after the document was delivered, together with a brief, written explanation of the reason for his refusal.(d) The Secretary of State's duty to file documents under this section is ministerial. His filing or refusing 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;(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.Laws, 1987, ch. 486, § 1.25; Laws, 1997, ch. 418, § 4; Laws, 2012, ch. 382, § 22; Laws, 2012, ch. 481, § 2, eff. 1/1/2013.