Duty of Secretary of State to File Documents; Effect of Filing or Refusing to Do So

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  7. Duty of Secretary of State to File Documents; Effect of Filing or Refusing to Do So

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  1. If a document delivered to the office of the Secretary of State for filing satisfies the requirements of Code Section 14-3-120, the Secretary of State shall file it.
  2. The Secretary of State files a document by stamping or otherwise endorsing his or her official title and the date and time of receipt on both the original and the document copy. After filing a document, except as provided in Code Sections 14-3-503 and 14-3-1510, the Secretary of State shall deliver the document copy to the domestic or foreign corporation or its representative.
  3. If the Secretary of State refuses to file a document, he or she shall return it to the domestic or foreign corporation or its representative within ten days after the document was delivered, together with a brief, written explanation of the reason for his or her refusal.
  4. The Secretary of State's duty to file documents under this Code section is ministerial. 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; or
    3. Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.

(Code 1981, §14-3-125, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, §§ 66, 68.)


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