Montana Code 35-2-1109. Filing duty of secretary of state
35-2-1109. Filing duty of secretary of state. (1) If a document delivered to the office of the secretary of state for filing satisfies the applicable requirements of 35-2-119 and 35-2-120, the secretary of state shall file the document.
Terms Used In Montana Code 35-2-1109
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a public benefit corporation, mutual benefit corporation, or religious corporation. See Montana Code 35-2-114
- filing: means filed in the office of the secretary of state. See Montana Code 35-2-114
- Person: includes any individual or entity. See Montana Code 35-2-114
- Secretary: means the corporate officer to whom the board of directors has delegated responsibility under 35-2-439(2) for custody of the minutes of the directors' and members' meetings and for authenticating the records of the corporation. See Montana Code 35-2-114
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The secretary of state shall file a document by stamping or otherwise endorsing on the document “Filed”, the secretary of state’s official title, and the date and time the secretary of state received the document. Except as provided in 35-2-830, after filing a document, the secretary of state shall deliver a certification letter to the domestic or foreign corporation or its representative as acknowledgment that the document has been filed and the fee has been paid.
(3)If the secretary of state refuses to file a document, the secretary of state shall return the document to the domestic or foreign corporation or its representative within 10 business days after the document was delivered to the secretary of state and include a brief written explanation of the reason for the refusal.
(4)The secretary of state’s duty concerning the 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.
(5)The secretary of state may correct errors caused by a filing officer. The error and the correction must be retained in the file containing the document in which the error appeared. For the purposes of this subsection, a filing officer is a person employed in a filing office as defined in 30-9A-102.