Section 10-2B-1.26 Appeal from probate judge's or Secretary of State's refusal to file document.
Section 10-2B-1.26
Appeal from probate judge's or Secretary of State's refusal to file document.
REPEALED IN THE 2009 REGULAR SESSION BY ACT 2009-513, EFFECTIVE JANUARY 1, 2011. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) If the probate judge or the Secretary of State refuses to file a document delivered to his or her office for filing, the domestic or foreign corporation may within 120 days of the return of the document to it appeal the refusal to the circuit court of the county in which the officer refusing to file the document has his or her office. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the probate judge's or Secretary of State's explanation of his or her refusal to file.
(b) The court may summarily order the probate judge or Secretary of State to file the document, may order a trial de novo, or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings.
(Acts 1994, No. 94-245, p. 343, §1.)