Iowa Code § 490.126
Appeal from secretary of state’s refusal to file document
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2023
As of January 1, 2012
1. If the secretary of state refuses to file a document delivered to the secretary’s office for filing, the domestic or foreign corporation may appeal the refusal, within thirty days after the return of the document, to the district court for the county in which the corporation’s principal office or, if none in this state, its registered office is or will be located. 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 the refusal to file.
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 county where the corporation’s principal office or, if none in this state, its registered office is located to compel its filing. The document and the explanation of the secretary of state’s refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.
2. The court may summarily order the secretary of state to file the document or take other action the court considers appropriate.
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.
3. The court’s final decision may be appealed as in other civil proceedings.
89 Acts, ch 288, §9
89 Acts, ch 288, §9; 2021 Acts, ch 165, §8, 230
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.