§ 23-0.5-2-6 — Filing of documents by secretary of state; refusal to file; appeal

Indiana § 23-0.5-2-6

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 0.5: UNIFORM BUSINESS ORGANIZATIONS CODE
• Ch. 2: Filing

Text

(a) The secretary of state shall file an entity
filing delivered to the secretary of state for filing which satisfies this
article. The duty of the secretary of state under this section is
ministerial.
(b) When the secretary of state files an entity filing, the secretary of
state shall record it as filed on the date and at the time of its delivery.
After filing an entity filing, the secretary of state shall deliver to the
person that submitted the filing an electronic copy of the filing with an
acknowledgment of the date and time of filing.
(c) If the secretary of state refuses to file an entity filing, the
secretary of state, not later than ten (10) business days after the filing
is delivered, shall:
(1) return the entity filing or notify the person that submitted the
filing of the refusal; and
(2) provide a brief explanation in a record of the reason for the
refusal.
(d) If the secretary of state refuses to file an entity filing, the person
that submitted the filing may petition the circuit or superior court of the
county where the entity's principal office (or, if none in Indiana, its
registered office) is or will be located to compel its filing. The filing
and the explanation of the secretary of state of the refusal to file must
be attached to the petition. The court may decide the matter in a
proceeding.
(e) The secretary of state's 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 presumption that the document is valid or invalid or
that information contained in the document is correct or incorrect.

Legislative History

As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.3.