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(1) If the secretary of state refuses to file a document delivered for filing to the secretary of state's office, the domestic or foreign corporation may appeal the refusal to the district court for the first judicial district. The appeal is commenced 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.
Cite this article: FindLaw.com - Montana Title 35. Corporations, Partnerships, and Associations § 35-2-1110. Appeal from secretary of state's refusal to file document - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-35-corporations-partnerships-and-associations/mt-code-ann-sect-35-2-1110/
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