Title 46, Chapter 3, Section 174
( 46-3-174)
(a) Whenever this article requires any document to be delivered for
filing as provided in this article, unless otherwise specifically
stated in this article and subject to any additional provisions of
this article, such requirement shall mean that: (1) The original executed document, together with a conformed copy
thereof, shall be delivered to the office of the Secretary of
State; (2) All fees required for filing the document shall be tendered to
the Secretary of State; (3) Upon delivery of the documents, and upon tender of the
required fees, the Secretary of State shall certify that the
original has been filed in his office by endorsing upon the
original the word "filed" and the hour, day, month, and year
thereof. Such endorsement shall be known as the filing date of the
document and shall be conclusive of the date of filing in the
absence of actual fraud. The Secretary of State shall thereafter
file and index the original; (4) The Secretary of State shall immediately compare the conformed
copy with the original; and, if he finds that they are identical,
he shall certify the conformed copy by making upon it the same
endorsement which is required to appear upon the original,
together with a further endorsement that the conformed copy is a
true copy of the original document; (5) The conformed copy, so certified, shall be returned to the
person or persons delivering the documents to the Secretary of
State or to the designee of such person or persons; and it shall
be retained as part of the permanent records of the electric
membership corporation or foreign electric cooperative. (b) Whenever any document authorized to be filed with the Secretary
of State under this article has been so filed and contains errors
in, inaccuracies in, or omissions of information required by this
article, is an inaccurate record of the action therein referred to,
or was defectively or erroneously executed or sealed, such document
may be corrected by filing articles of correction with the Secretary
of State. The articles of correction shall specify the error,
inaccuracy, omission, or defect to be corrected and shall set forth
the portion of the document in corrected form. Except as set forth
in subsection (c) of this Code section, the procedure for filing
articles of correction shall be the same as would be required under
this article for filing the document being corrected. The corrected
document shall be effective as of the effective date of the original
document, except as to those persons who are substantially and
adversely affected by the correction; and, as to those persons, the
corrected document shall be effective from the filing date of the
articles of correction. (c) No fee shall be payable to the Secretary of State for filing the
articles of correction. The filing of the articles of correction as
authorized in subsection (b) of this Code section shall not require
the republication of any notice previously published in connection
with the filing of the original document unless the error,
inaccuracy, omission, or defect in the original document relates to
information which was disclosed in the notice. In the event the
error, inaccuracy, omission, or defect in the original document
relates to information disclosed in the notice, a new notice shall
be published in the same manner as the original publication. The
publisher's fee for republication shall be the same as the fee for
the original publication. |