Duty of Secretary of State to file documents

The Secretary of State’s duty to file documents under this chapter is ministerial. His filing or refusing to file a document does not: (1) Affect the validity or invalidity of the document in whole or 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. (Code 1981, § 14-9-1104, enacted by Ga. L. 1988, p. 1016, § 1.) COMMENT Note to Georgia Revised Uniform Limited Partnership Act This section provides that the Secretary of State’s duty is ministerial, so that his filing or refusing to file a document does not validate or invalidate the substance of the document. Prior Georgia Law There is no comparable provision. 1053 14-9-1104 CORPORATIONS & PARTNERSHIPS 14-9-1201 Comparison With Official RULPA There is no comparable provision in the official version. Cross-References Effect of filing certificate of limited partnership and of cancellation of certificate: § 14-9-201(b). Effect of filing certificates of amendment, cancellation and merger: § 14-9-206(b)-(d). Effect of issuing certificate of authority for foreign limited partnership: § 14-9-903(c). ARTICLE 12 APPLICABILITY