§ 4-26-107 - Disapproval of articles and other documents by Secretary of State -- Appeals. - Arkansas Statutes

4-26-107. Disapproval of articles and other documents by Secretary of State -- Appeals.

(a) If the Secretary of State shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be approved by the Secretary of State before the same shall be filed in his office, he shall give, within ten (10) days after the delivery thereof to him, written notice of his disapproval to the person or corporation delivering the same, specifying the reasons therefor.

(b) (1) From the disapproval of the Secretary of State the person or corporation may appeal to the Circuit Court of Pulaski County by filing with the clerk of the court a petition setting forth:

(A) A copy of the articles or other document sought to be filed;

(B) A copy of the written disapproval by the Secretary of State; and

(C) The basis for challenging the legality of the ruling of the Secretary of State.

(2) Upon the filing of the petition, the matter shall be tried de novo by the court. The court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper.

(c) Appeals from all final orders and judgments entered by the circuit court under this section in review of any ruling or decision of the Secretary of State may be taken as in other civil actions.