Effective 01 Jul 1995, see footnote

355.036. Filing duty of secretary of state — refusal — effect. — 1. If a document delivered to the office of the secretary of state for filing satisfies the requirements of section 355.011, the secretary of state shall file it.

2. The secretary of state files a document by stamping or otherwise endorsing "Filed", together with the secretary of state's name and official title and the date of receipt, on both the original and copy of the document and on the receipt for the filing fee. After filing a document, except as provided in sections 355.171 and 355.796, the secretary of state shall deliver the document copy, or acknowledgment of receipt if no fee is required, attached, to the domestic or foreign corporation or its representative.

3. Upon refusing to file a document, the secretary of state shall return it to the domestic or foreign corporation or its representative within ten days after the document was delivered, together with a brief, written explanation of the reason or reasons for the refusal.

4. The secretary of state's duty to file documents under this section is ministerial. Filing or refusal 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.

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(L. 1994 H.B. 1095)

Effective 7-01-95