355.036. Filing duty of secretary of state--refusal--effect. - Missouri Statutes

Filing duty of secretary of state--refusal--effect.

355.036. 1. If a document delivered to the office of thesecretary of state for filing satisfies the requirements ofsection 355.011, the secretary of state shall file it.

2. The secretary of state files a document by stamping orotherwise endorsing "Filed", together with the secretary ofstate's name and official title and the date of receipt, on boththe original and copy of the document and on the receipt for thefiling fee. After filing a document, except as provided insections 355.171 and 355.796, the secretary of state shalldeliver the document copy, or acknowledgment of receipt if no feeis required, attached, to the domestic or foreign corporation orits representative.

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

4. The secretary of state's duty to file documents underthis section is ministerial. Filing or refusal to file adocument does not:

(1) Affect the validity or invalidity of the document inwhole or in part;

(2) Relate to the correctness or incorrectness ofinformation contained in the document; or

(3) Create a presumption that the document is valid orinvalid or that information contained in the document is corrector incorrect.

(L. 1994 H.B. 1095)

Effective 7-1-95