Secretary of State to file documents; refusal to file document; filing of documents as ministerial
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If a document delivered to the Office of the Secretary of State for filing satisfies the requirements of Section 79-11-105, the Secretary of State shall file it.
The Secretary of State files a document by recording it as filed on the date and time of receipt. After filing a document, except as provided in Section 79-35-11, the Secretary of State shall deliver to the domestic or foreign corporation or its representative a copy of the document with an acknowledgement of the date and time of filing.
Upon refusing to file a document, the Secretary of State shall return it to the domestic or foreign corporation or its representative within five (5) days after the document was delivered, together with a brief, written explanation of the reason or reasons for the refusal.
The Secretary of State's duty to file documents under this section is ministerial. Filing or refusal to file a document does not:
Affect the validity or invalidity of the document, in whole or in part;
Relate to the correctness or incorrectness of information contained in the document; or
Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.