If the Secretary of State refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal to the chancery court of the county where the corporation's principal office is or will be located, or the Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 his 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 4 - Mississippi Business Corporation Act
Article 1 - General Provisions
§ 79-4-1.20. Filing requirements
§ 79-4-1.22. Filing service and copying fees; discounts; expedited filing service
§ 79-4-1.23. Effective time and date of document
§ 79-4-1.24. Correcting filed document
§ 79-4-1.25. Duty of Secretary of State
§ 79-4-1.26. Appeal from Secretary of State's refusal to file document
§ 79-4-1.27. Evidentiary effect of copy of filed document