Correcting the Record; Effective Date

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Sec. 5. (a) A person on whose behalf a filed record was delivered to the secretary of state for filing may correct the record if:

(1) the record at the time of filing was inaccurate;

(2) the record was defectively signed; or

(3) the electronic transmission of the record to the secretary of state was defective.

(b) To correct a filed record, a person on whose behalf the record was delivered to the secretary of state must deliver to the secretary of state for filing articles of correction.

(c) Articles of correction:

(1) may not state a delayed effective date;

(2) must be signed by the person correcting the filed record;

(3) must identify the filed record to be corrected;

(4) must specify the inaccuracy or defect to be corrected; and

(5) must correct the inaccuracy or defect.

(d) The articles of correction are effective:

(1) except as described in subdivision (2), as of the effective date of the filed record corrected by the articles of correction; and

(2) with respect to a person that:

(A) relies on the uncorrected filed record; and

(B) is adversely affected by the correction;

when filed or when the reliance ceases to be reasonable, whichever occurs first.

As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.2.


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