§ 25 - Quorum and voting requirements for voting groups - Vermont Statutes

§ 1.25. Filing duty of secretary of state

(a) If a document delivered to the office of the secretary of state for filing satisfies the requirements of section 1.20 of this title, the secretary of state shall file it.

(b) The secretary of state files a document by recording it as "filed" together with his or her name and official title on the date and time of receipt, on both the document and on the record of the receipt for the filing fee. After filing a document, except as provided in sections 5.03 and 15.10 of this title, the secretary of state shall deliver a copy of the document and filing fee receipt (or acknowledgement of receipt if no fee is required) to the domestic or foreign corporation or its representative.

(c) If the secretary of state refuses to file a document, he or she shall return it to the domestic or foreign corporation or its representative within five days after the document is delivered, together with a brief, written explanation of the reason for refusing to file the document.

(d) The secretary of state's duty to file documents under this section is ministerial. His or her 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;

(3) create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. (Added 1993, No. 85, § 2, eff. Jan. 1, 1994; amended 2007, No. 190 (Adj. Sess.), § 81, eff. June 6, 2008.)