Registration duty of Secretary of State.

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(2) The Secretary of State registers an application by indicating thereon that it has been filed by the Secretary of State and the date of registration.

(3) If the Secretary of State refuses to register an assumed business name, the Secretary of State shall return the application to the applicant within 10 business days after the application was delivered together with a brief written explanation of the reason for the refusal.

(4) The duty of the Secretary of State to register assumed business names under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any application delivered to the Office of the Secretary of State. The Secretary of State’s registering or refusing to register an assumed business name does not:

(a) Affect the validity or invalidity of the application in whole or part; or

(b) Relate to the correctness or incorrectness of information contained in the application.

(5) The Secretary of State’s refusal to register an assumed business name does not create a presumption that the application is invalid or that information contained in the application is incorrect. [1995 c.454 §13]


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