§ 300.72 — Notice
Plain-Language Summary
The Secretary of State must notify both parties when a wrongful filing declaration is accepted.
300.72 NOTICE.
(a) When the office accepts a declaration of wrongful filing, the office must provide notice of the declaration to the complainant and the filer. The notice must describe the allegations made in the declaration and the process used to resolve the allegations. The notice must prominently state the response timeline in section 300.73 and the consequences if the filer does not respond. The notice must prominently state that a false statement of material fact in any documents submitted under sections 300.70 to 300.78 is a violation of section 609.48.
(b) The office must send the notice by first class mail, postage prepaid, to:
(1) the complainant at the mailing address provided in the declaration; and
(2) the filer at:
(i) the most recent registered business address associated with the filing named in the declaration; or
(ii) if a mailing address for the filer cannot be identified, the notice may be served on the filer as provided under section 5.25, subdivision 6.
(c) Notice is deemed received by the complainant and the filer upon mailing.
(d) If the notice to the filer is returned as undeliverable, the office may deem the filing fraudulent and immediately issue a final order as provided under section 300.76, notwithstanding the time period under section 300.73.
History:
History: History:
2025 c 39 art 5 s 6