Section 10-3A-221 Appeal from probate judge or Secretary of State.
Section 10-3A-221
Appeal from probate judge or Secretary of State.
REPEALED IN THE 2009 REGULAR SESSION BY ACT 2009-513, EFFECTIVE JANUARY 1, 2011.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, when applicable, shall fail to approve any articles of incorporation, amendment, merger, consolidation or dissolution, or any other document required by this chapter to be approved by the probate judge or the Secretary of State, before the same shall be filed in his office, he shall, within 10 days after the delivery thereof to him, give written notice of his disapproval to the person or corporation, domestic or foreign, delivering the same, specifying the reasons therefor. From such disapproval such person or corporation may appeal to the circuit court of the county in which the disapproving officer has his office by filing with the clerk of such court a complaint setting forth a copy of the articles or other documents sought to be filed and a copy of the written disapproval thereof by the probate judge or Secretary of State; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the probate judge or Secretary of State, as the case may be, or direct him to take such action as the court may deem proper.
(b) If the Secretary of State shall revoke the certificate of authority of any foreign corporation to transact business in Alabama, pursuant to the provisions of this chapter, such foreign corporation may likewise appeal to the Circuit Court of Montgomery County by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to transact business in Alabama and a copy of the notice of revocation given by the Secretary of State; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper.
(c) Appeals from all final orders and judgments entered by the circuit court under this section in review of any ruling or decision of the probate judge or Secretary of State may be taken as in other civil actions.
(Acts 1984, No. 84-290, p. 502, §87.)