(a) 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 circuit court in the county where the corporation's principal office is located or the Pulaski County Circuit Court if the corporation does not have a principal office in this state. 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 the refusal to file.
(b) The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 3 - Corporations and Associations
Chapter 33 - The Arkansas Nonprofit Corporation Act of 1993
Subchapter 1 - General Provisions
§ 4-33-120. Filing requirements. [Effective until May 1, 2021.]
§ 4-33-120. Filing requirements. [Effective May 1, 2021.]
§ 4-33-122. Filing, service, and copying fees
§ 4-33-123. Effective date of document
§ 4-33-124. Correcting filed document
§ 4-33-125. Filing duty of Secretary of State
§ 4-33-126. Appeal from Secretary of State's refusal to file document
§ 4-33-127. Evidentiary effect of copy of filed document