30-21-206. DUTY OF SECRETARY OF STATE TO FILE — REVIEW OF REFUSAL TO FILE. (a) The secretary of state shall file an entity filing delivered to the secretary of state for filing that satisfies this act. The duty of the secretary of state under this section is ministerial.
(b) When the secretary of state files an entity filing, the secretary of state shall record it as filed on the date and at the time of its delivery. After filing an entity filing, the secretary of state shall deliver to the person that submitted the filing a copy of the filing with an acknowledgment of the date and time of filing.
(c) If the secretary of state refuses to file an entity filing, the secretary of state, not later than five (5) business days after the filing is delivered, shall:
(1) Return the entity filing or notify the person that submitted the filing of the refusal; and
(2) Provide a brief explanation in a record of the reason for the refusal.
(d) If the secretary of state refuses to file an entity filing, the person that submitted the filing may petition the district court to compel its filing. The filing and the explanation of the secretary of state of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.
(e) The filing of or refusal to file an entity filing does not:
(1) Affect the validity or invalidity of the filing in whole or in part; or
(2) Create a presumption that the information contained in the filing is correct or incorrect.
History:
[30-21-206, added 2015, ch. 243, sec. 8, p. 764.]
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