Sec. 33-612. Filing duty of Secretary of the State.
Sec. 33-612. Filing duty of Secretary of the State. (a) If a document delivered to
the office of the Secretary of the State for filing satisfies the requirements of section
33-608, the Secretary of the State shall file it.
(b) The Secretary of the State files a document by stamping or otherwise endorsing
"Filed", together with his name and official title and the date and time of receipt on the
original and on the receipt for the filing fee. After filing a document, except as provided
in sections 33-662 and 33-928, the Secretary of the State shall deliver evidence of filing
of such document and of payment of any required fee to the domestic or foreign corporation or its representative.
(c) If the Secretary of the State refuses to file a document, he shall return it to the
domestic or foreign corporation or its representative within five days after the document
was delivered, together with a brief written explanation of the reason for his refusal.
(d) The Secretary of the State's duty to file documents under this section is ministerial. His filing or refusing to file 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; or (3) create a presumption that the document
is valid or invalid or that information contained in the document is correct or incorrect.
(P.A. 94-186, S. 9, 215; P.A. 96-271, S. 8, 254.)
History: P.A. 94-186 effective January 1, 1997; P.A. 96-271 amended Subsec. (b) to replace reference to Sec. 33-929
with Sec. 33-928, effective January 1, 1997.