Sec. 5. (a) A person on whose behalf a filed record was delivered to the secretary of state for filing may correct the record if:
(1) the record at the time of filing was inaccurate;
(2) the record was defectively signed; or
(3) the electronic transmission of the record to the secretary of state was defective.
(b) To correct a filed record, a person on whose behalf the record was delivered to the secretary of state must deliver to the secretary of state for filing articles of correction.
(c) Articles of correction:
(1) may not state a delayed effective date;
(2) must be signed by the person correcting the filed record;
(3) must identify the filed record to be corrected;
(4) must specify the inaccuracy or defect to be corrected; and
(5) must correct the inaccuracy or defect.
(d) The articles of correction are effective:
(1) except as described in subdivision (2), as of the effective date of the filed record corrected by the articles of correction; and
(2) with respect to a person that:
(A) relies on the uncorrected filed record; and
(B) is adversely affected by the correction;
when filed or when the reliance ceases to be reasonable, whichever occurs first.
As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.2.
Structure Indiana Code
Title 23. Business and Other Associations
Article 0.5. Uniform Business Organizations Code
23-0.5-2-1. Requirements; Filing Fee
23-0.5-2-3. Effective Date and Time of Filing
23-0.5-2-4. Withdrawal of Filed Record; Requirements
23-0.5-2-5. Correcting the Record; Effective Date
23-0.5-2-6. Filing of Documents by Secretary of State; Refusal to File; Appeal
23-0.5-2-7. Certification of Filed Record
23-0.5-2-8. Certificates of Existence, Registration, or Fact; Issuance
23-0.5-2-9. Intentional Signing of False Document; Sanctions
23-0.5-2-10. Failure to Sign or Deliver Record; Appeal
23-0.5-2-11. Liability; Recovery of Damages
23-0.5-2-12. Delivery of Records
23-0.5-2-13. Biennial Report; Contents; Delivery; Statement of Change