351.670. Disapproval of articles of incorporation, amendment, merger--forfeiture of certificate of authority--review. - Missouri Statutes

Disapproval of articles of incorporation, amendment,merger--forfeiture of certificate of authority--review.

351.670. If the secretary of state shall fail to approve anyarticles of incorporation, amendment, merger, consolidation ordissolution, or any other document required by this chapter to beapproved by the secretary of state, before the same shall befiled in his office, he shall within ten days after the deliverythereof to him give written notice of his disapproval to theperson or corporation, domestic or foreign, delivering the same,specifying the reasons therefor. From such disapproval suchperson or corporation may appeal to the circuit court of thecounty in which the registered office of such corporation is oris proposed to be situated by filing with the clerk of such courta petition setting forth a copy of the articles or otherdocuments sought to be filed and a copy of the writtendisapproval thereof by the secretary of state, such petition tobe filed within thirty days after notice of such disapprovalshall have been given, and the matter shall be tried de novo bythe court, and the court shall either sustain the action of thesecretary of state or direct him to take such action as the courtmay deem proper. If the secretary of state shall forfeit thecertificate of authority to transact business in this state ofany foreign corporation pursuant to the provisions of thischapter, such foreign corporation may likewise appeal to thecircuit court of the county where the registered office of suchcorporation in this state is situated by filing with the clerk ofsuch court a petition setting forth a copy of its certificate ofauthority to transact business in this state and a copy of thenotice of forfeiture given by the secretary of state, suchpetition to be filed within thirty days after notice of saidforfeiture shall have been given by said secretary of state, andthe matter shall be tried de novo by the court, and the courtshall either sustain the action of the secretary of state ordirect him to take such action as the court may deem proper. Anappeal from the circuit court in such a case shall be allowed asin civil action.

(L. 1943 p. 410 § 169)