West Virginia § 31E-1-126 Appeal from Secretary of State's refusal to file document

West Virginia Statutes

§ 31E-1-126 — Appeal from Secretary of State's refusal to file document

West Virginia § 31E-1-126

Ch. 31EWEST VIRGINIA NONPROFIT CORPORATION ACT

Art. 1GENERAL PROVISIONS

This text of West Virginia § 31E-1-126 (Appeal from Secretary of State's refusal to file document) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 31E-1-126 (2026).

Text

(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.

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(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.