35-14-126. Appeal from secretary of state -- refusal to file document. (1) If the secretary of state refuses to file a document delivered for filing, the person that delivered the document for filing may petition the district court of the first judicial district to compel its filing. The document and the explanation of the secretary of state of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.
(2) The court may 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.
History: En. Sec. 9, Ch. 271, L. 2019.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 14. Montana Business Corporation Act
35-14-102. Reservation of power to amend or repeal
35-14-103. through 35-14-119 reserved
35-14-120. Requirements for documents -- extrinsic facts
35-14-122. Filing -- service -- copying fees
35-14-123. Effective date -- filed document
35-14-124. Correcting filed document
35-14-125. Filing duty -- secretary of state
35-14-126. Appeal from secretary of state -- refusal to file document
35-14-127. Evidentiary effect -- certified copy of filed document
35-14-128. Certificate of existence or registration
35-14-129. Penalty -- signing false document
35-14-131. through 35-14-139 reserved
35-14-140. General definitions
35-14-141. Notices and other communications
35-14-142. Number of shareholders
35-14-145. Definitions -- ratification of defective corporate actions
35-14-146. Defective corporate actions
35-14-147. Ratification -- defective corporate actions
35-14-148. Action on ratification
35-14-149. Notice requirements
35-14-150. Effect of ratification
35-14-152. Judicial proceedings -- validity of corporate actions