Oregon Statutes 65.017 – Filing duty of Secretary of State
(1) If a document delivered to the Secretary of State for filing satisfies the requirements of ORS § 65.004, the Secretary of State shall file the document.
Terms Used In Oregon Statutes 65.017
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a domestic corporation or a foreign corporation. See Oregon Statutes 65.001
- Written: means embodied as a document. See Oregon Statutes 65.001
(2) The Secretary of State files a document by accepting, reviewing and entering the document into the Secretary of State’s files, indicating on the document the date of filing and that the Secretary of State has filed the document. The time of filing is 12:01 a.m. on the date of filing. After filing a document, except a document described in ORS § 65.114, 65.671, 65.674, 65.724 and 65.787, the Secretary of State shall return an acknowledgment of filing to the corporation that filed the document or to a representative of the corporation.
(3) If the Secretary of State refuses to file a document, the Secretary of State shall return the document to the corporation that sought to file the document or to a representative of the corporation within 10 business days after the Secretary of State received the document, together with a brief written explanation of the reason or reasons for the refusal.
(4) The Secretary of State’s duty to file documents under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the Secretary of State for filing. The Secretary of State’s filing or refusing to file a document does not:
(a) Affect the validity or invalidity of the document in whole or in part except as provided in ORS § 65.051; or
(b) Relate to the correctness or incorrectness of information contained in the document.
(5) The Secretary of State’s refusal to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect. [1989 c.1010 § 8; 1999 c.486 § 11; 2019 c.174 § 10]