MODEL BUSINESS CORPORATION ACT 2000/01/02 Supplement,3 Edition 2003 by the American Bar Foundation These files are provided for educational and informational use only,and are not to be promulgated for any other purpose.Nothing contained herein is to be considered as the rendering of legal advice for specific cases,and readers are responsible for obtaining such advice from their own legal counsel.Any persons wishing to reprint these files in part or whole must obtain permission from the Manager,Copyrights and Licensing,American Bar Association,at 312-988-6102. CROSS-REFERENCES Deliver,.”seeS1.40. Effective time and date of filing,see 1.23 “Electronic transmission,.”seeS1.40. Filing fees,.see§l.22 Filing requirements,see§1.20, 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,the secretary of state shall file it. (b)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 5.03 and 15.10,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 (c)If the secretary of state refuses to file a document,he shall return it to the domestic or foreign corporation or its representative within five days after the document was delivered,together with a brief,written explanation of the reason for his refusal. (d)The secretary of state's duty to file documents under this section is ministerial.His 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; (3)create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. CROSS-REFERENCES Appeal from rejection of document,see 1.26. “Deliver,”see§1.40. Effective time and date of filing,see 1.23. Filing requirements: fees,see§1.22 generally,see 1.20. resignation of registered agent,see $s 5.03 15.09 service on foreign corporation,see 15.10. Powers of secretary of state,see 1.30. 9MODEL BUSINESS CORPORATION ACT 2000/01/02 Supplement, 3rd Edition © 2003 by the American Bar Foundation These files are provided for educational and informational use only, and are not to be promulgated for any other purpose. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. Any persons wishing to reprint these files in part or whole must obtain permission from the Manager, Copyrights and Licensing, American Bar Association, at 312-988-6102. 9 CROSS-REFERENCES “Deliver,” see § 1.40. Effective time and date of filing, see § 1.23. “Electronic transmission,” see § 1.40. Filing fees, see § 1.22. Filing requirements, see § 1.20. § 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, the secretary of state shall file it. (b) 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 5.03 and 15.10, 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. (c) If the secretary of state refuses to file a document, he shall return it to the domestic or foreign corporation or its representative within five days after the document was delivered, together with a brief, written explanation of the reason for his refusal. (d) The secretary of state’s duty to file documents under this section is ministerial. His 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; (3) create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. CROSS-REFERENCES Appeal from rejection of document, see § 1.26. “Deliver,” see § 1.40. Effective time and date of filing, see § 1.23. Filing requirements: fees, see § 1.22. generally, see § 1.20. resignation of registered agent, see §§ 5.03 & 15.09. service on foreign corporation, see § 15.10. Powers of secretary of state, see § 1.30