Kentucky Statutes 14A.2-110 – Appeal from Secretary of State’s refusal to file document
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(1) If the Secretary of State refuses to file a document delivered for filing, the entity, foreign entity, or other person making the delivery for filing may appeal the refusal to the Franklin Circuit Court. The appeal shall be commenced by petitioning the court to compel filing the document and by attaching to the petition the document as delivered for filing and the Secretary of State’s explanation of the refusal to file.
(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.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 18, effective January 1, 2011.
(2) The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate.
Terms Used In Kentucky Statutes 14A.2-110
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- Entity: means a corporation, business or statutory trust, partnership, limited partnership, limited liability company, limited cooperative association, or unincorporated nonprofit association, governed as to its internal affairs by the laws of the Commonwealth of Kentucky. See Kentucky Statutes 14A.1-070
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Person: means an individual, an entity, a foreign entity, or any other legal or commercial entity. See Kentucky Statutes 14A.1-070
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) The court’s final decision may be appealed as in other civil proceedings.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 18, effective January 1, 2011.