New Hampshire Revised Statutes 293-A:1.25 – Filing Duty of Secretary of State
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(a) If a document delivered to the office of the secretary of state for filing satisfies the requirements of N.H. Rev. Stat. § 293-A:1.20, the secretary of state shall file it.
(b) The secretary of state files a document by stamping or otherwise endorsing “Filed”, together with his or her name and official title and the date of receipt on the filed document. After filing a document, except as provided in N.H. Rev. Stat. § 293-A:5.03 and N.H. Rev. Stat. § 293-A:15.09, 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 of filing.
(c) If the secretary of state refuses to file a document, it shall be returned to the domestic or foreign corporation or its representative within 30 days after the document was delivered, together with a brief, written explanation of the reason for the refusal.
(d) The secretary of state’s duty to file documents under this section is ministerial. The secretary’s filing or refusing to file a document does not:
(1) affect the validity or invalidity of the document in whole or part;
(2) relate to the correctness or incorrectness of information contained in the document; or
(3) create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
(e) The secretary of state and those acting on his or her behalf shall incur no liability, either personally or on behalf of the state of New Hampshire, as a result of defects or inconsistencies in the documents recorded by them under RSA 292, RSA 293-A, RSA 293-B, RSA 294-A, RSA 301, RSA 301-A, RSA 304-A, RSA 304-B, RSA 304-C, RSA 305-A, or N.H. Rev. Stat. Chapter 349 or as a result of negligent acts or omissions in the handling and recording of those documents.
(f) If, at any time, the secretary of state or any of those acting on his or her behalf determines that any document recorded by them under RSA 292, RSA 293-A, RSA 293-B, RSA 294-A, RSA 301, RSA 301-A, RSA 304-A, RSA 304-B, RSA 304-C, RSA 305-A, or N.H. Rev. Stat. Chapter 349 contains defects or inconsistencies, the secretary of state shall notify the filer of said document, in writing, of any defects and inconsistencies.
(b) The secretary of state files a document by stamping or otherwise endorsing “Filed”, together with his or her name and official title and the date of receipt on the filed document. After filing a document, except as provided in N.H. Rev. Stat. § 293-A:5.03 and N.H. Rev. Stat. § 293-A:15.09, 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 of filing.
Terms Used In New Hampshire Revised Statutes 293-A:1.25
- 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.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(c) If the secretary of state refuses to file a document, it shall be returned to the domestic or foreign corporation or its representative within 30 days after the document was delivered, together with a brief, written explanation of the reason for the refusal.
(d) The secretary of state’s duty to file documents under this section is ministerial. The secretary’s filing or refusing to file a document does not:
(1) affect the validity or invalidity of the document in whole or part;
(2) relate to the correctness or incorrectness of information contained in the document; or
(3) create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
(e) The secretary of state and those acting on his or her behalf shall incur no liability, either personally or on behalf of the state of New Hampshire, as a result of defects or inconsistencies in the documents recorded by them under RSA 292, RSA 293-A, RSA 293-B, RSA 294-A, RSA 301, RSA 301-A, RSA 304-A, RSA 304-B, RSA 304-C, RSA 305-A, or N.H. Rev. Stat. Chapter 349 or as a result of negligent acts or omissions in the handling and recording of those documents.
(f) If, at any time, the secretary of state or any of those acting on his or her behalf determines that any document recorded by them under RSA 292, RSA 293-A, RSA 293-B, RSA 294-A, RSA 301, RSA 301-A, RSA 304-A, RSA 304-B, RSA 304-C, RSA 305-A, or N.H. Rev. Stat. Chapter 349 contains defects or inconsistencies, the secretary of state shall notify the filer of said document, in writing, of any defects and inconsistencies.