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Code · Michigan · Chapter 4 — Legislature

4.423 Statement or report; determination of filing; deadline for filing; notice of error or omission; notice of failure to file; failure to give notice; making correction

405 words·~2 min read·/mi/chapter-4/4-423

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4.423 Statement or report; determination of filing; deadline for filing; notice of error or omission; notice of failure to file; failure to give notice; making corrections; reporting errors, omissions, or failure to file; copy; investigations and hearings.
Sec. 13.
(1)The secretary of state shall determine whether a statement or report, which is required to be filed under this act, is in fact filed.
(2)A statement or report required to be filed under this act shall be filed not later than 4 p.m. of the day on which it is required to be filed. A statement or report which is postmarked by certified mail not less than 2 days before the deadline for filing shall be considered filed within the prescribed time regardless of when it is actually delivered.
(3)Within 10 days after the deadline for filing a statement or report under this act, the secretary of state shall give notice to the filer by certified mail of an error or omission in the statement or report and shall give notice to a person whom the secretary of state finds probable cause exists that a person is required to file, but who has failed to file, a statement or report. A failure to give notice by the secretary of state under this section is not a defense to a criminal action against the person required to file.
(4)Within 20 days after the report or statement is required to be filed, the filer shall make any corrections in the statement or report filed with the secretary of state.
(5)When 30 days have expired after the deadline for filing a statement or report, the secretary of state shall report errors or omissions which were not corrected and failures to file to the attorney general. A copy of the notice to the attorney general shall be mailed to the person who was required to file or was required to correct errors or omissions.
(6)The secretary of state shall conduct investigations and 1 or more hearings as may be necessary to determine if probable cause exists that a violation of this act has occurred. A hearing conducted pursuant to this subsection shall be in accordance with the procedures set forth in Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.
History: 1978, Act 472, Eff. June 16, 1981
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