Procedures for fraudulent filings; when filing is deemed not fraudulent or insufficient evidence exists

Miss. Code Ann. § 79-39-13, under Mississippi Business Filing Fraud Prevention Act.

Miss. Code Ann. § 79-39-13

(1) Filings that are deemed fraudulent are handled in the following manner:(a) If the office deems a filing fraudulent under this chapter, the office shall issue a final order under this subsection. The final order shall state the office’s rationale for deeming the filing fraudulent.(b) When a filing is deemed fraudulent pursuant to a final order under this subsection, the filing must be treated for legal purposes as if the filing never existed. In the case of an entity registered using a Mississippi resident’s name, address, or identity without the resident’s authorization, the entity is deemed dissolved.(c) When a filing is deemed fraudulent pursuant to a final order, the office shall:(i) Mark the unauthorized filing or the entity’s record as unauthorized or fraudulent;(ii) Redact names and addresses that were used without authorization; and(iii) Retain a copy of the final order.(d) In addition to the actions in paragraph (c), the office may:(i) Disable additional filing functionality on the entity’s record; or(ii) Take any other action the office deems necessary to prevent further unauthorized filings, protect private information, or prevent misuse of unauthorized information.

(a) If the office deems a filing fraudulent under this chapter, the office shall issue a final order under this subsection. The final order shall state the office’s rationale for deeming the filing fraudulent.

(b) When a filing is deemed fraudulent pursuant to a final order under this subsection, the filing must be treated for legal purposes as if the filing never existed. In the case of an entity registered using a Mississippi resident’s name, address, or identity without the resident’s authorization, the entity is deemed dissolved.

(c) When a filing is deemed fraudulent pursuant to a final order, the office shall:(i) Mark the unauthorized filing or the entity’s record as unauthorized or fraudulent;(ii) Redact names and addresses that were used without authorization; and(iii) Retain a copy of the final order.

(i) Mark the unauthorized filing or the entity’s record as unauthorized or fraudulent;

(ii) Redact names and addresses that were used without authorization; and

(iii) Retain a copy of the final order.

(d) In addition to the actions in paragraph (c), the office may:(i) Disable additional filing functionality on the entity’s record; or(ii) Take any other action the office deems necessary to prevent further unauthorized filings, protect private information, or prevent misuse of unauthorized information.

(i) Disable additional filing functionality on the entity’s record; or

(ii) Take any other action the office deems necessary to prevent further unauthorized filings, protect private information, or prevent misuse of unauthorized information.

(2) Filings deemed not fraudulent or insufficient evidence. If the office determines that a filing is not fraudulent or that insufficient information is available to make a determination, the office shall issue a final order stating that the office will not remove the filing from the database. The final order shall state the office’s rationale for determining that the filing is not fraudulent or that sufficient information was not available to make a determination of a wrongful filing.