Current as of January 01, 2020 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a) If the secretary of state refuses to file a document delivered to his or her office for filing, the domestic or foreign corporation may appeal the refusal to the circuit court within thirty days after the return of the document to the corporation. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state's explanation of his or her refusal to file.
(b) The circuit court may summarily order the secretary of state to file the document or take other action the court considers appropriate.
(c) The circuit court's final decision may be appealed to the West Virginia supreme court of appeals as in other civil proceedings.
Cite this article: FindLaw.com - West Virginia Code Chapter 31D. West Virginia Business Corporation Act § 31D-1-126. Appeal from secretary of state's refusal to file document - last updated January 01, 2020 | https://codes.findlaw.com/wv/chapter-31d-west-virginia-business-corporation-act/wv-code-sect-31d-1-126/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.