(a) If the Secretary of State denies a corporation's application for reinstatement following administrative dissolution, he or she shall serve the corporation pursuant to section five hundred four, article five of this chapter with a written notice that explains the reason or reasons for denial.
(b) The corporation may appeal the denial of reinstatement to the circuit court within thirty days after service of the notice of denial is perfected. The corporation appeals by petitioning the circuit court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's notice of denial.
(c) The circuit court may summarily order the Secretary of State to reinstate the dissolved corporation or may take other action the circuit court considers appropriate.
(d) The circuit court's final decision may be appealed as in other civil proceedings.
Structure West Virginia Code
Chapter 31E. West Virginia Nonprofit Corporation Act
§31E-13-1301. Dissolution by Incorporators or Initial Directors
§31E-13-1302. Dissolution by Board of Directors and Members
§31E-13-1303. Articles of Dissolution
§31E-13-1304. Revocation of Dissolution
§31E-13-1305. Effect of Dissolution
§31E-13-1306. Known Claims Against Dissolved Corporation
§31E-13-1307. Unknown Claims Against Dissolved Corporation
§31E-13-1308. Adoption of Plan for Distribution of Assets
§31E-13-1309. Liquidating Distribution of Assets
§31E-13-1320. Grounds for Administrative Dissolution
§31E-13-1321. Procedure for and Effect of Administrative Dissolution
§31E-13-1322. Reinstatement Following Administrative Dissolution
§31E-13-1323. Appeal From Denial of Reinstatement
§31E-13-1330. Grounds for Judicial Dissolution
§31E-13-1331. Procedure for Judicial Dissolution
§31E-13-1332. Receivership or Custodianship