Current through the 2024 Regular Session
Section 79-11-115 - Secretary of State to file documents; refusal to file document; filing of documents as ministerial(1) 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.(2) 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.(3) 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.(4) The Secretary of State's duty to file documents under this section is ministerial. Filing or refusal to file a document does not:(a) Affect the validity or invalidity of the document, in whole or in part;(b) Relate to the correctness or incorrectness of information contained in the document; or(c) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.Laws, 1987, ch. 485, § 8; Laws, 1997, ch. 418, § 45; Laws, 2012, ch. 382, § 53, eff. 1/1/2013.