resources / Statutes / Nonprofit Corporations / §10-3125

Title 10 – Corporations and Associations

Chapter 24 – General Provisions-nonprofit Corporations

Article 2 – Filing Documents and Fees-nonprofit Corporations

  • A. At the time of delivery of a document to the commission, the commission shall stamp, endorse or attach the date and time of delivery of the document.
  • B. The commission shall file a document delivered to the commission for filing if both of the following apply:
    • 1. The commission determines that the document satisfies the requirements of chapters 24 through 40 of this title.
    • 2. The corporation filing the document or on whose behalf the document is being filed is in good standing pursuant to section 10-3128.
  • C. The commission may file a document delivered to the commission in which either the corporation has filed articles of dissolution or the corporation has filed a document that is required to bring the corporation into good standing. The commission shall provide notice of the filing to the domestic or foreign corporation or its representative.
  • D. If the commission refuses to file a document, it shall provide notice of the refusal to the domestic or foreign corporation or its representative within five days after the determination of the refusal to file, together with a brief written explanation of the reason for the refusal.
  • E. The filing or refusing to file a document by the commission does not:
    • 1. Affect the validity or invalidity of the document in whole or in part, except to the extent that filing is required to make the document valid.
    • 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.