(a) 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 within thirty days after the return of the document to the Circuit Court of Richland County. 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.
(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.
HISTORY: 1988 Act No. 444, Section 2.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 1 - General Provisions
Section 33-1-101. Short title.
Section 33-1-102. Reservation of power to amend or repeal.
Section 33-1-103. Designation of representation in magistrates' court; unauthorized practice of law.
Section 33-1-200. Filing requirements.
Section 33-1-220. Filing, service, and copying fees.
Section 33-1-230. Effective time and date of filing.
Section 33-1-240. Correcting filed document.
Section 33-1-250. Filing duty of Secretary of State.
Section 33-1-260. Appeal from Secretary of State's refusal to file document.
Section 33-1-270. Evidentiary effect of copy of filed document.
Section 33-1-280. Certificate of existence.
Section 33-1-290. Penalty for signing false document.