§ 14-3-125 — Filing duty of Secretary of State; effect of filing or refusing to do so

(a) If a document delivered to the office of the Secretary of State for filing satisfies the requirements of Code Section 14-3-120 , the Secretary of State shall file it. (b) The Secretary of State files a document by stamping or otherwise endorsing the Secretary of State's official title and the date and time of receipt on the document. After a document is filed, the Secretary of State shall deliver a copy of the document to the domestic corporation or foreign corporation to which the document relates or the person making the filing or the person's representative. (c) If the Secretary of State refuses to file a document, the Secretary of State shall return the document to the domestic corporation or foreign corporation to which the document relates or the person making the filing or the person's representative within ten days after the document was delivered, together with a brief written explanation of the reason for his or her refusal. (d) The Secretary of State's duty to file documents under this Code section is ministerial. 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.

Legislative History

Amended by 2023 Ga. Laws 260,§ 1-1, eff. 7/1/2023. Amended by 2004 Ga. Laws 533, §§ 66, 68, eff. 7/1/2004.