35-1-1310. 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 of state's office for filing, the domestic or foreign corporation may appeal the refusal to the district court for the first judicial district. The appeal is begun by petitioning the court to compel the filing of 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.
History: En. Sec. 12, Ch. 368, L. 1991; amd. Sec. 1278, Ch. 56, L. 2009.