Sec. 33-893. Appeal from refusal of reinstatement.
Sec. 33-893. Appeal from refusal of reinstatement. (a) If the Secretary of the
State refuses to file the application for reinstatement, he shall return it to the corporation
or its representative within five days after the application was delivered, together with
a brief written explanation of the reason for his refusal.
(b) The corporation may appeal the refusal of the Secretary of the State to file the
application for reinstatement to the superior court for the judicial district where the
corporation's principal office or, if none in this state, its registered office, is located
within thirty days after return of the application. The corporation appeals by petitioning
the court to set aside the dissolution and attaching to the petition copies of the Secretary
of the State's certificate of administrative dissolution, the corporation's application for
reinstatement and the Secretary of the State's explanation of the reason for his refusal
to file the application for reinstatement.
(c) The court may summarily order the Secretary of the State to reinstate the dissolved corporation or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
(P.A. 94-186, S. 172, 215; P.A. 96-271, S. 122, 123, 254.)
History: P.A. 94-186 effective January 1, 1997; P.A. 96-271 amended Subsec. (a) to delete "domestic or foreign" before
"corporation" and amended Subsec. (b) to authorize the corporation to appeal "the refusal of the Secretary of the State to
file the application for reinstatement" rather than appeal "the denial of reinstatement", provide that the appeal must be
filed 30 days after "return of the application" rather than after "service of the notice of denial is perfected", require the
corporation to attach to the petition a copy of the Secretary of the State's "explanation of the reason for his refusal to file
the application for reinstatement" rather than a copy of said Secretary's "notice of denial" and make a technical change,
effective January 1, 1997.