Iowa Code § 490.125
Filing duty of secretary of state
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2023
As of January 1, 2012
1. If a document delivered to the office of the secretary of state for filing satisfies the requirements of section 490.120, the secretary of state shall file it.
1. If a document delivered to the office of the secretary of state for filing satisfies the requirements of section 490.120, the secretary of state shall file it.
2. The secretary of state files a document by recording it as filed on the date and time of receipt. After filing a document, except the biennial report required by section 490.1622, and except as provided in sections 490.503 and 490.1509, the secretary of state shall deliver to the domestic or foreign corporation or its representative a copy of the document with an acknowledgment of the date and time of filing.
2. The secretary of state files a document by recording it as filed on the date and time of receipt. After filing a document, except the biennial report required by section 490.1621, and except as provided in section 490.503, the secretary of state shall return to the person who delivered the document for filing a copy of the document with an acknowledgment of the date and time of filing.
3. If the secretary of state refuses to file a document, the secretary of state shall return it to the domestic or foreign corporation or its representative, together with a brief, written explanation of the reason for the refusal.
3. If the secretary of state refuses to file a document, it shall be returned to the person who delivered the document for filing within five days after the document was delivered, together with a brief, written explanation of the reason for the refusal.
4. The secretary of state’s duty to file documents under this section is ministerial. Filing or refusing to file a document does not:
4. The secretary of state’s duty to file documents under this section is ministerial. The secretary of state’s filing or refusing to file a document does not create a presumption of any of the following:
a. Affect the validity or invalidity of the document in whole or part.
b. Relate to the correctness or incorrectness of information contained in the document.
a. The document does or does not conform to the requirements of this chapter.
b. The information contained in the document is correct or incorrect.
89 Acts, ch 288, §8; 96 Acts, ch 1170, §3; 97 Acts, ch 171, § 7; 2002 Acts, ch 1154, §5, 125
89 Acts, ch 288, §8; 96 Acts, ch 1170, §3; 97 Acts, ch 171, §7; 2002 Acts, ch 1154, §5, 125; 2021 Acts, ch 165, §7, 230
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.