Note: This version of section effective until 1-1-2018. See also following repeal of this chapter, effective 1-1-2018.
- (b) The secretary of state shall file a document by stamping or otherwise endorsing the word "FILED" on the document, together with the secretary of state's name and official title and the date and the time of receipt, on the document. After filing a document, except as provided under IC 23-17-6-3 and IC 23-17-26-9 , the secretary of state shall deliver the filed document and the receipt to the domestic or foreign corporation or the corporation's representative.
- (c) Upon refusing to file a document, the secretary of state shall return the document to the domestic or foreign corporation or the corporation's representative within ten (10) days after the document was delivered, together with a brief, written explanation of the reason for the refusal.
(d) The secretary of state's duty to file documents under this section is ministerial. Filing or refusal to file a document does not do any of the following:
- (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.
Sec. 6. (a) If a document delivered to the office of the secretary of state for filing satisfies the requirements of section 1 of this chapter, the secretary of state shall file the document.
As added by P.L.179-1991, SEC.1. Amended by P.L.228-1995, SEC.25; P.L.119-2015, SEC.68.