Title 14, Chapter 2, Section 126
( 14-2-126)
(a) If the Secretary of State refuses to file a document delivered
to his office for filing, the domestic or foreign corporation may
appeal the refusal within 30 days after the return of the document
to the superior court of the county where the corporation's
registered office is or will be located. 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 refusal to file. (b) The matter shall promptly be tried de novo by the court without
a jury. The court may summarily order the Secretary of State to file
the document or take other action the court considers appropriate. (c) The court's final decision may be appealed as in other civil
proceedings. |