Montana Code 35-2-1110. Appeal from secretary of state’s refusal to file document
35-2-1110. Appeal from secretary of state‘s refusal to file document. (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.
Terms Used In Montana Code 35-2-1110
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- filing: means filed in the office of the secretary of state. See Montana Code 35-2-114
- Secretary: means the corporate officer to whom the board of directors has delegated responsibility under 35-2-439(2) for custody of the minutes of the directors' and members' meetings and for authenticating the records of the corporation. See Montana Code 35-2-114
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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.