10-3124. Correcting filed document; articles of incorporation; application for authority to conduct affairs
A. A domestic or foreign corporation may correct a document that has been filed by the commission if the document either:
1. Contains an incorrect statement and the correction does not materially alter a substantive provision.
2. Was defectively executed, attested, sealed, verified or acknowledged.
B. A document is corrected by both:
1. Preparing articles of correction that:
(a) Describe the document or attach a copy of it to the articles.
(b) Specify the date the document was delivered to the commission.
(c) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective.
(d) Correct the incorrect statement or other defect.
2. Delivering the articles to the commission for filing.
C. Articles of correction are effective on the effective date of the document they correct except as to persons who rely on the incorrect statement or other defect and who are adversely affected by the correction. As to those persons, articles of correction are effective as provided in section 10-123.
D. If articles of incorporation, articles of domestication or an application for authority to conduct affairs is rejected for filing by the commission, the articles or application may be resubmitted within thirty days of the date of rejection together with a copy of the rejected document. If the resubmitted articles or application cures the defect that caused the rejection, the resubmitted articles or application shall be filed by the commission and is effective on the date that would have been the effective date of filing the articles or application if the articles or application had not been rejected.
Section: Previous 10-2743 10-3101 10-3102 10-3120 10-3121 10-3122 10-3123 10-3124 10-3125 10-3127 10-3128 10-3130 10-3140 10-3141 10-3150 NextLast modified: October 13, 2016