178.51 Filing duty of the department.
178.51
178.51 Filing duty of the department.178.51(1)
(1) Upon receipt of a document by the department for filing, the department shall stamp or otherwise endorse the date of receipt on the original document copy and, upon request, any additional document copy received. The department shall return any additional document copy to the person delivering it, as confirmation of the date of receipt.178.51(2)
(2)178.51(2)(a)
(a) Except as provided in par. (b), if a document satisfies s. 178.46, the department shall file the document by stamping or otherwise endorsing "Filed" on both the original and the document copy. After filing a document, the department shall deliver the document copy to the registered limited liability partnership or to the foreign registered limited liability partnership or to its representative.178.51(2)(b)
(b) If a registered limited liability partnership or foreign registered limited liability partnership is in default in the payment of any fee required under s. 178.48, the department shall refuse to file any document relating to the partnership until all delinquent fees are paid.178.51(3)
(3)178.51(3)(a)
(a) If the department refuses to file a document, the department shall return it to the partnership, or to its representative, within 5 business days after the document is received by the office of the department for filing, together with a brief written explanation of the reason for the department's refusal.178.51(3)(b)
(b) The department's failure to either file or return a document within 5 business days after it was received constitutes a refusal to file.178.51(3)(c)
(c) If a document that has been refused for filing by the department is resubmitted for filing by the department, the effective date of the document under s. 178.49 is the date that the resubmitted document is received by the department for filing or a delayed effective date specified in the resubmitted document in accordance with s. 178.49 (2). The effective time of the resubmitted document shall be determined under s. 178.49 (1) or (2), whichever is applicable.178.51(4)
(4) Except as provided in s. 178.41 (1), the department's filing of a document or refusal to file a document does not do any of the following:178.51(4)(a)
(a) Affect the validity or invalidity of the document in whole or part.178.51(4)(b)
(b) Relate to the correctness or incorrectness of information contained in the document.178.51(4)(c)
(c) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.178.51 - ANNOT.
History: 1995 a. 97; 2001 a. 44.