48-249-1009 - Filing duty of secretary of state.
48-249-1009. Filing duty of secretary of state.
(a) Requirement to complete filing. If a document that is delivered to the office of the secretary of state for filing satisfies the requirements of § 48-249-1005, and is accompanied by the required filing fee for the document under § 48-249-1007, the secretary of state shall complete the filing of the document as provided in this section.
(b) Procedure. The secretary of state completes the filing of a document by stamping or otherwise endorsing Filed, together with the secretary of state's name and official title and the date and time of receipt, on the document. After completing the filing of a document, except for filings pursuant to §§ 48-249-111 and 48-249-1017, the secretary of state shall deliver, in due course, the document, with the filing fee receipt attached, or acknowledgment of receipt if no fee is required, to the domestic or foreign LLC, other person required or permitted by this chapter to file the document, or representative of such domestic or foreign LLC, or other person that delivered the document for filing. A domestic or foreign LLC, other person or representative of such domestic or foreign LLC, or other person may deliver to the office of the secretary of state an exact or conformed copy of the document delivered for filing, together with such document, and, in that event, the secretary of state shall stamp or otherwise endorse the exact or conformed copy Filed, together with the secretary of state's name and official title and the date and time of receipt, and immediately return the exact or conformed copy to the person filing the original of such document.
(c) Refusal to file. If the secretary of state refuses to complete the filing of a document, the secretary of state shall return it to the domestic or foreign LLC, other person or representative of such domestic or foreign LLC, or other person that delivered the document for filing immediately after the document was received for filing, together with a brief, written explanation of the reason for such refusal.
(d) Effect of filing or refusal to file. The secretary of state's duty to complete the filing of documents under this section is ministerial. The secretary of state's completing the filing or refusing to complete the filing of 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;
(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect; or
(4) Establish that a document purporting to be an exact or conformed copy is in fact an exact or conformed copy.
(e) Conflict with other law. Any document that meets the requirements of this chapter for filing and recording shall be received, filed or recorded by the appropriate office upon payment of the appropriate fee and taxes, if any, notwithstanding any contrary requirements found in any other provision of the laws of this state.
[Acts 2005, ch. 286, § 1.]