35-1-1309. Filing duty of secretary of state. (1) If a document delivered to the office of the secretary of state for filing satisfies the requirements of 35-1-217 and 35-1-218, if applicable, the secretary of state shall file it.
     (2) The secretary of state shall file a document by stamping or otherwise endorsing "Filed", together with the secretary of state's name, official title, and the date and time of receipt, on the original, the document copy, and the receipt for the filing fee. Except as provided in 35-1-315 and 35-1-1034, after filing a document, the secretary of state shall deliver the document copy to the domestic or foreign corporation or its representative, along with the filing fee receipt or acknowledgment of receipt if no fee is required.
     (3) If the secretary of state refuses to file a document, the secretary of state shall return it to the domestic or foreign corporation or its representative within 10 days after the document was delivered, together with a brief written explanation of the reason for the refusal.
     (4) The secretary of state's duty to file documents under this section is ministerial. The secretary of state's filing or refusing to file a document does not:
     (a) affect the validity or invalidity of the document in whole or 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.

     History: En. Sec. 11, Ch. 368, L. 1991.