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MISSISSIPPI STATUTES AND CODES

79-11-115 - Secretary of State to file documents; refusal to file document; filing of documents as ministerial.

§ 79-11-115. Secretary of State to file documents; refusal to file document; filing of documents as ministerial.
 

(1)  If a document delivered to the office of the Secretary of State for filing satisfies the requirements of Section 79-11-105, the Secretary of State shall file it. 

(2)  The Secretary of State files a document by recording it as filed on the date and time of receipt. After filing a document, except as provided in Sections 79-11-167 and 79-11-379, the Secretary of State shall deliver to the domestic or foreign corporation or its representative a copy of the document with an acknowledgement of the date and time of filing. 

(3)  Upon refusing to file a document, the Secretary of State shall return it to the domestic or foreign corporation or its representative within five (5) 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: 

(a) Affect the validity or invalidity of the document in whole or in 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. 
 

Sources: Laws,  1987, ch. 485, § 8; Laws,  1997, ch. 418, § 45, eff from and after July 1, 1997.
 

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