Filing with Secretary of State

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  1. (a) The original signed copy, together with a duplicate copy that may be either a signed, photocopied, or conformed copy of the articles of organization or any other document required to be filed pursuant to this chapter, shall be delivered to the Secretary of State. If the Secretary of State determines that the documents conform to the filing provisions of this chapter, the Secretary of State shall, when all required filing fees have been paid:

    1. (1) Endorse on each signed original and duplicate copy the word “filed” and the date and time of the document's acceptance for filing;

    2. (2) Retain the signed original in the Secretary of State's files; and

    3. (3) Return the duplicate copy to the person who filed it or the person's representative.

  2. (b) If at the time any documents are delivered for filing, the Secretary of State is unable to make the determination required for filing by subsection (a) of this section, the documents are deemed to have been filed at the time of delivery if the Secretary of State subsequently determines that:

    1. (1) The documents as delivered conform to the filing provisions of this chapter; or

    2. (2) The documents have been brought into conformance within twenty (20) days after notification of nonconformance is given by the Secretary of State to the person who delivered the documents for filing or the person's representative.

  3. (c) If the filing and determination requirements of this chapter are not satisfied within the time prescribed in subdivision (b)(2) of this section, the documents shall not be filed.


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