West Virginia Code § 31D-1-125

Filing duty of Secretary of State
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(a) If a document delivered to the office of the Secretary of State for filing satisfies the
requirements of section one hundred twenty of this article, the Secretary of State shall file it.
(b) The Secretary of State files a document by recording it as filed on the date and time of
receipt unless a delayed effective time is specified in the document. After filing a document,
except as provided in section five hundred three, article five of this chapter and section one
thousand five hundred nine, article fifteen of this chapter, the Secretary of State shall
deliver to the domestic or foreign corporation or its representative a receipt for the record
and the fees. Upon request and payment of a fee, the Secretary ouf State shall send to the
requester a certified copy of the requested record.
(c) If the Secretary of State refuses to file a document, he or she shall return it to the
domestic or foreign corporation or its representative within five days after the document was
delivered, together with a brief, written explanation of the reason for his or her refusal.
(d) The Secretary of State's duty to file documsents under this section is ministerial. His or
her filing or refusing to file a document does not:
(1) Affect the validity or invalidity of the document in whole or in part;
(2) Relate to the correctness or incorrectness of information contained in the document; or
(3) Create a presumption that the document is valid or invalid or that information contained
in the document is correct or incorrect.

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