South Dakota Codified Laws 47-1A-126. Appeal from Office of Secretary of State’s refusal to file document
If the Office of the Secretary of State refuses to file a document delivered to the Office of the Secretary of State for filing, the domestic or foreign corporation may appeal the refusal within thirty days after the return of the document to the circuit court of the county where the corporation’s principal office is located in this state or, if none in this state, to the circuit court of Hughes County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Office of the Secretary of State’s explanation of the refusal to file.
The court may summarily order the Office of the Secretary of State to file the document or take other action the court considers appropriate. The court’s final decision may be appealed as in other civil proceedings.
Terms Used In South Dakota Codified Laws 47-1A-126
- 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.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Source: SL 2005, ch 239, § 15; SL 2008, ch 275, § 29.