490.126  Appeal from secretary of state's refusal to file document.

1.  If the secretary of state refuses to file a document delivered to the secretary's office for filing, the domestic or foreign corporation may appeal the refusal, within thirty days after the return of the document, to the district court for the county in which the corporation's principal office or, if none in this state, its registered office is or will be located. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state's explanation of the refusal to file.

2.  The court may summarily order the secretary of state to file the document or take other action the court considers appropriate.

3.  The court's final decision may be appealed as in other civil proceedings.

Section History: Recent form

  89 Acts, ch 288, §9


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