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14A.2-100 Filing duty of Secretary of State. (Effective January 1, 2011)
(1) If a document delivered to the office of the Secretary of State for filing satisfies the
requirements of this chapter and applicable organic law, the Secretary of State shall
file it.
(2) The Secretary of State files a document by recording it as filed as provided in KRS
14A.2-070(1)(a).
(3) After filing a document, the Secretary of State shall deliver to the entity or foreign
entity or to the person delivering the document for filing or to another person as
identified in writing a copy of the document with an acknowledgment of the time
and date of filing.
(4) If the Secretary of State refuses to file a document, the Secretary of State shall
return it to the filer within five (5) days after the document was delivered, together
with a brief, written explanation of the reason for the refusal.
(5) The Secretary of State's delivery of an acknowledgment of filing, an explanation for
the reason a document was not filed, or other communication as to a document filed
or delivered for filing may be accomplished electronically.
(6) The Secretary of State's duty to file documents under this section shall be
ministerial. The filing or refusal to file a document shall not:
(a) Affect the validity or invalidity of the document in whole or part;
(b) Relate to the correctness or incorrectness of information contained in the
document; or
(c) Create a presumption that the document is valid or invalid or that information
contained in the document is correct or incorrect.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 17, effective January 1, 2011.