(1) If the application for a certificate of authority or any accompanying documents do not comply with the requirements of this chapter and chapter 1 of this title, the commissioner shall, within ten (10) business days after the receipt thereof, return them to the incorporators, calling attention to the defect or defects in the application.
(2) If the application and accompanying documents are not so returned within the ten-day period, they shall be deemed to have been filed with the commissioner.