§ 14-3-126 — Appeal from Secretary of State's refusal to file document

Georgia § 14-3-126

• Jurisdiction: Georgia
• Title: 14

Text

(a) If the Secretary of State refuses to file a document delivered to the Secretary of State's office for filing, the document may be resubmitted within 30 days accompanied by an opinion in a record from an attorney admitted to practice in this state stating why the document conforms to law and the authorities upon which the opinion is based. The Secretary of State may rely with respect to any disputed point of law upon the opinion in determining whether the document conforms to law. (b) If the Secretary of State refuses to file a document delivered to the Secretary of State's office for filing, as an alternative to resubmitting the document under subsection (a) of this Code section or following a refusal by the Secretary of State to file the document after it is resubmitted under subsection (a) of this Code section, the domestic corporation or foreign corporation may appeal the refusal to the superior court. Such appeal must be filed with the superior court within 30 days after the return of the document by the Secretary of State. The appeal is commenced by petitioning the court to compel filing of the document and by attaching to the petition the document and the Secretary of State's explanation of his or her refusal to file. (c) 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. (d) The court's final decision may be appealed as in other civil proceedings.

Legislative History

Amended by 2023 Ga. Laws 260,§ 1-1, eff. 7/1/2023. Amended by 2004 Ga. Laws 533, § 68, eff. 7/1/2004.