(a) If the Secretary of State denies a corporation's application for reinstatement following administrative revocation, the Secretary of State shall notify the corporation within thirty days of application by written notice that explains the reason or reasons for denial.
(b) The corporation may appeal the denial of reinstatement to the circuit court of Kanawha County within thirty days after service of the notice of denial.
(c) The corporation may appeal by petitioning the circuit court of Kanawha County to set aside the revocation and attaching to the petition copies of the Secretary of State's Certificate of Revocation, the corporation's application for reinstatement and the Secretary of State's notice of denial.
(d) The circuit court's final decision may be appealed to the West Virginia Supreme Court of Appeals in accordance with article six, chapter twenty-nine-a of this code.
Structure West Virginia Code
Chapter 31E. West Virginia Nonprofit Corporation Act
Article 14. Foreign Corporations
§31E-14-1401. Authority to Conduct Affairs Required
§31E-14-1402. Consequences of Conducting Affairs Without Authority
§31E-14-1403. Application for Certificate of Authority
§31E-14-1404. Amended Certificate of Authority
§31E-14-1405. Effect of Certificate of Authority
§31E-14-1406. Corporate Name of Foreign Corporation
§31E-14-1407. Registered Office and Registered Agent of Foreign Corporation
§31E-14-1408. Change of Registered Office or Registered Agent of Foreign Corporation
§31E-14-1409. Resignation of Registered Agent of Foreign Corporation
§31E-14-1410. Service on Foreign Corporation
§31E-14-1420. Withdrawal of Foreign Corporation
§31E-14-1421. Revocation of Withdrawal
§31E-14-1430. Grounds for Revocation
§31E-14-1431. Procedure for and Effect of Revocation
§31E-14-1432. Reinstatement Following Administrative Revocation