2006 Kentucky Revised Statutes - .124   Duty of Secretary of State to file document -- Manner of filing -- Effect of filing or refusal to file -- Appeal of refusal of Secretary of State to file document.

362.2-124 Duty of Secretary of State to file document -- Manner of filing -- Effect of filing or refusal to file -- Appeal of refusal of Secretary of State to file document. (1) If a record delivered to the Secretary of State for filing satisfies the requirements of this subchapter, then the Secretary of State shall file it. (2) The Secretary of State shall file a record by recording it as filed on the date and time of receipt. After filing a record, the Secretary of State shall deliver to the domestic or foreign limited partnership or its representative a copy of the record with an acknowledgment of the date and time of filing. (3) If the Secretary of State refuses to file a record, then the Secretary of State shall return it to the domestic or foreign limited partnership or its representative within five (5) days after the record was delivered, together with a brief written explanation of the reason for the refusal. (4) The Secretary of State's duty to file records under this section shall be ministerial. The filing or refusal to file a record by the Secretary of State shall not: (a)  Affect the validity or invalidity of the record in whole or part; (b)  Relate to the correctness or incorrectness of information contained in the record; or (c)  Create a presumption that the record is valid or invalid or that information contained in the record is correct or incorrect. (5) If the Secretary of State refuses to file a document delivered for filing, then the domestic or foreign limited partnership may appeal the refusal to the Franklin Circuit Court. The appeal shall be commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's explanation of the refusal to file. The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate. The court's final decision may be appealed as in other civil proceedings. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 149, sec. 103, effective July 12, 2006. Page 1 of 1