2009 Kentucky Revised Statutes CHAPTER 275 LIMITED LIABILITY COMPANIES 275.070 Duty of Secretary of State to file document -- Manner of filing -- Effect of filing or refusal to file. (Repealed, effective January 1, 2011)
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275.070 Duty of Secretary of State to file document -- Manner of filing -- Effect of
filing or refusal to file. (Repealed, effective January 1, 2011)
(1) If a document delivered to the Secretary of State for filing satisfies the requirements
of KRS 275.045, then the Secretary of State shall file it.
(2) The Secretary of State shall file a document by recording it as filed on the date and
time of receipt. After filing a document, except as provided in KRS 275.125 and <br>275.420, the Secretary of State shall deliver to the domestic or foreign limited <br>liability company or its representative a copy of the document with an <br>acknowledgment of the date and time of filing.
(3) If the Secretary of State refuses to file a document, then the Secretary of State shall
return it to the domestic or foreign limited liability company or its representative <br>within five (5) days after the document was delivered, together with a brief, written <br>explanation of the reason for the refusal.
(4) The Secretary of State's duty to file documents under this section shall be
ministerial. The filing or refusal to file a document by the Secretary of State shall <br>not: <br>(a) Affect the validity or invalidity of the document in whole or part; <br>(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.
Effective: July 15, 2010 <br>History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 102, effective July 15,
2010; and repealed ch. 151, sec. 151, effective January 1, 2011. -- Amended 2007 <br>Ky. Acts ch. 137, sec. 102, effective June 26, 2007. -- Created 1994 Ky. Acts <br>ch. 389, sec. 14, effective July 15, 1994.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183,
provides, "The specific textual provisions of Sections 1 to 178 of this Act which <br>reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed <br>effective as of June 26, 2007, and those provisions are hereby made expressly <br>retroactive to that date, with the remainder of the text of those sections being <br>unaffected by the provisions of this section."
Legislative Research Commission Note (1/1/2011). 2010 Ky. Acts ch. 151, sec. 151,
has repealed this statute effective January 1, 2011.
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