North Dakota Code 45-10.2-28 – Correcting a filed record
With respect to correction of a filed record:
Terms Used In North Dakota Code 45-10.2-28
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
1. Whenever a record authorized by this chapter to be filed with the secretary of state has been filed and inaccurately records the action referred to in the record, contains an inaccurate or erroneous statement, or was defectively or erroneously signed, sealed, acknowledged, or verified, the record may be corrected by filing a statement of correction.
2. A statement of correction:
a. Must:
(1) Be signed by:
(a) The person that signed the original record; or
(b) By a person authorized to sign on behalf of that person; (2) Set forth the name of the limited partnership that filed the record; (3) Identify the record to be corrected by description and by the date of its filing with the secretary of state; (4) Identify the inaccuracy, error, or defect to be corrected; and
(5) Set forth a statement in corrected form of the portion of the record to be corrected.
b. May not revoke or nullify the record.
3. The statement of correction must be filed with the secretary of state.
4. With respect to the effective date of correction:
a. A certificate issued by the secretary of state before a record is corrected, with respect to the effect of filing the original record, is considered to be applicable to the record as corrected as of the date the record as corrected is considered to have been filed under this subsection.
b. After a statement of correction has been filed with the secretary of state, the original record as corrected is considered to have been filed:
(1) On the date the statement of correction was filed:
(a) As to persons adversely affected by the correction; and
(b) For the purposes of subsections 3 and 4 of section 45-10.2-06; and
(2) On the date the original record was filed as to all other persons and for all other purposes.