Filing duty of Secretary of State

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  6. Filing duty of Secretary of State

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A document delivered to the Office of the Secretary of State for filing that satisfies the requirements of Section 79-37-111 must be filed by the Secretary of State.

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 entity or its representative a copy of the document with an acknowledgement of the date and time of filing.

If the Secretary of State refuses to file a document, the Secretary of State shall return the document to the domestic or foreign entity or its representative within five (5) days after the document was delivered, together with a brief, written explanation of the reason for the refusal.

The duty of the Secretary of State to file documents under this section is ministerial.The filing or refusal 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.


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