35-2-1109. Filing duty of secretary of state. (1) If a document delivered to the office of the secretary of state for filing satisfies the applicable requirements of 35-2-119 and 35-2-120, 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 the time of receipt, on the original, the copy of the document, and the receipt for the filing fee. Except as provided in 35-2-314 and 35-2-830, after filing a document, the secretary of state shall deliver the document copy to the domestic or foreign corporation or its representative, together with the filing fee receipt or acknowledgment of receipt if no fee is required.
     (3) Upon refusing 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 or reasons for the refusal.
     (4) The secretary of state's duty concerning the 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.

     History: En. Sec. 10, Ch. 411, L. 1991.