- (1) The division shall file a record delivered to the division for filing which satisfies this chapter. The duty of the division under this section is ministerial.
- (2) When the division files a record, the division shall record it as filed on the date and at the time of its delivery. After filing a record, the division shall deliver to the person that submitted the record a copy of the record with an acknowledgment of the date and time of filing.
(3) If the division refuses to file a record, the division, not later than 15 business days after the record is delivered, shall:
- (a) return the record or notify the person that submitted the record of the refusal; and
- (b) provide a brief explanation in a record of the reason for the refusal.
(4)
- (a) If the division refuses to file a record, the person that submitted the record may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to compel filing of the record.
- (b) The record and the explanation of the division of the refusal to file must be attached to the petition.
- (c) The court may decide the matter in a summary proceeding.
- (5) The filing of or refusal to file a record does not create a presumption that the information contained in the filing is correct or incorrect.
(6) Except as otherwise provided by Section 16-17-301 or by law other than this chapter, the division may deliver any record to a person by delivering it:
- (a) in person to the person that submitted it;
- (b) to the address of the person's registered agent;
- (c) to the principal office of the person; or
- (d) to another address the person provides to the division for delivery.
Repealed by Chapter 93, 2026 General Session