If the Secretary of State refuses to file a document delivered for filing, the domestic or foreign entity that submitted the document for filing may appeal the refusal within thirty (30) days after the return of the document to the Chancery Court of the First Judicial District of Hinds County, Mississippi.The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the explanation of the Secretary of State for the refusal to file.
The court may summarily order 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.
Structure Mississippi Code
Title 79 - Corporations, Associations, and Partnerships
Chapter 37 - Mississippi Entity Conversion and Domestication Act
Article 1 - General Provisions
§ 79-37-103. Relationship of chapter to other laws
§ 79-37-104. Required notice or approval
§ 79-37-105. Status of filings
§ 79-37-107. Reference to external facts
§ 79-37-108. Alternative means of approval of transactions
§ 79-37-111. Requirements for documents
§ 79-37-112. Filing, service, and copying fees
§ 79-37-113. Effective time and date of document
§ 79-37-114. Correcting filed document
§ 79-37-115. Filing duty of Secretary of State
§ 79-37-116. Appeal from refusal to file a document
§ 79-37-117. Evidentiary effect of copy of filed document